The Judicial Independence And Conflict And Agreement Of Supervision Of The Public Media

News supervision over judicial activities in China is still in the initial stage. How to build positively interactive and harmoniously developing systems and norms between the media and the courts is a practical problem to be studied and solved. In view of the fact that China is now at the development stage of rule of law, extraterritorial experience in the rule of law is undoubtedly of very important reference value. Therefore, this article starts with two aspects—conflict and balance of judicial independence and news supervision, carries out analysis and reflection on their biased relationship in China by combining with the advanced concepts and system designs of some extraterritorial countries, and reveals the root of problems in order to seek a solution.The article's argument is divided into three parts:The first part is the opposition and unity between judicial independence and new supervision. This part starts from analyzing these two concepts and explains from the perspective of legal principle that a harmonious relationship exists between news supervision and judicial independence, since both of them perform the functions of maintaining justice and achieving fairness, and are both helpful for restriction of public authority. However, in reality, conflicts also exist between them. The two have inherent tensions in between since the logics of news sector and judicial sector are significantly different.The second part is the biased relationship between China's news supervision and judicial independence. This part mainly adopts empirical analysis method, and by reviewing some typical cases, summarizes the status quo of conflicts between news supervision and judicial independence. Firstly, the media tends to "supervise beyond authority". China's media often releases qualitative reports ahead of the trial proceedings, which interferes with the independent case handling of the judicial organs and affects judicial justice. Secondly, China's media has a strong official presence where news supervision forms adverse judicial pressure. Thirdly, news supervision is not mature, and some media even releases non-objective reports in order to cause sensations. Fourthly, news supervision is not mature, and media lacks strong legal awareness in reporting.The third part is some ideas about how to resolve the conflicts between the two. First of all, by the comparative research method, this part reviews the provisions on the relationship between news supervision and judicial independence of some major countries under the rule of law and a number of international conventions, and summaries some successful experience from the comparison for China's reference. Then besides learning from the above experience, it is suggested that China should establish and improve the following systems under the constitutional system based on reality:one is to establish standard news supervision mechanism, strengthen the media's self-discipline, and improve the professionalism of journalists; the other is that from the judicial point of view, judicial organs should actively respond to news supervision, further deepen the press spokesman system, enhance the positive interaction between media and judicial organs, and reduce restrictions on the reporting of cases.Finally, combining with the aforementioned review, the article proposes a number of specific reform ideas based on the status quo of Chinese media's judicial supervision, such as standardizing news supervision mechanism, making judicial trials further open, filling legislative gaps, etc. Judicial independence and news supervision are two important foundation stones for the rule of law. To achieve positive interaction between the two, we shall strictly abide by the judicial independence and judicial impartiality, encourage news and public opinion supervision and freedom of expression, and enhance the inner connection between judicial functions and the functions of news and public opinion supervision so as to ensure the fully realization of both the two values.In the process of implementing the rule of law and building a harmonious society, we have reason to believe that the two values will achieve increasingly sophisticated balance and unity in conflicts.