Study On The Media Supervision And Judicial Justice

In recent years, along with the media is enhancing their vitality, open trial principle is being gradually implemented and corruption in the judicial is spreading seriously, media begin to intensify their efforts in the supervision on the judicatory, synchronously the conflict between media and judicatory becomes increasingly prominent. However, there are still compatibility and coordination between them. Judicatory needs media's proper supervision; on the other hand media's supervision also needs judicatory's tolerance. Therefore, it is necessary that the media's supervision to intervene judicatory, which is the need of the open trial and judicatory. Although the media supervising the judicatory has the necessity and rationality, there are still limitations that media's supervision does not consequentially guarantee the realization of judicial justice; meanwhile, media's improper supervision will damage judicial justice. This leads to the coordination and conflict between the judicatory and the media.The paper is divided into four chapters. The first chapter introduces the concept of the media, the judicatory and the justice. Media is an intermediary institutions that enables the communications activities to happen, and is the most important carriers of human civilization; judicatory has broad sense and narrow sense, the meaning of judicatory in this chapter is the narrow one, viz. the court trials. Judicial justice is the supreme value target, including real justice and procedural justice. The paper analyzed from the perspective of procedural justice. The relationship between justice and media supervision is analyzed in second chapter. First, based on the constitutional theory, this paper leads to the freedom of the press and the open trial which are the two basic rights of citizens. According to the provisions of Chinese Constitution, the freedom of the media comes from the citizen's constitutional rights and judicial independence is the premise and guarantee for the open trial. Then the paper puts the conflict between the media and justice in theory and reality.The third chapter analyzes the necessity, the legitimacy and the importance of media to intervene the judicatory. The intervening is an objective reality, has the legal basis and is also useful to realize judicial justice. In the last chapter, a balance between justice and media supervision is tried to be found which should be based on common values. One hand, media's supervision should be restricted by the law, on the other hand, it should strengthen the self-discipline; Avoiding the negative impact of the media, justice should improve its own building, equally should have tolerance attitude to the media supervision. Through reconstructing the relationship between the media and justice in theory and practice, with a view to balance the relationship and to maximize the conflict between them, working together to achieve the social justice is the main purpose.