With the development of the media, it can exert increasing influence on social life. Media Supervision plays an active role in checking judicial corruption and promoting impartial justice. Due to the distinctive character of judicial, when the media supervise the judicial, they may conflict. The media supervision may damage independent judiciary. On the other hand, the judicial branches may limit the media supervision. Media supervision and judiciary independence are both derived of the constitution. Media supervision is the extension of freedom of speech. Judiciary independence is a fundamental principle in a country ruled by law. Media and the Court's difference in position, justice standards and rule of operation lead to the different conclusions when they evaluate the same case. This is the source of the conflict between judicial independence and media supervision. There are still some problems in dealing with the relation between judicial independence and media supervision, such as imperfect laws and regulations, the lack of the ability to resist undue interference in judiciary, exaggerated role of media supervision, the lack of media self-regulation. These factors also lead to the conflict between judicial independence and media supervision.From the foreign practice of dealing with the relationship between the media and judicial, we can find that most States have experienced a common process: Initially they more emphasis on the independence of the judiciary, and media's freedom of expression was more restricted. Later, as development of democratic, the restriction on media supervision was relaxed. But this does not mean that the media supervision is boundless. Referring to deal with the relationship between media and judicial, most States'policy and international provisions have some common ground. Most of them supplied the maximum protection for media's freedom of expression, at the same time adopted a series of measures to limit the undue influence of media supervision.The conflict between media supervision and judicial independence is not irreconcilable. Fundamentally speaking, both in the constitutional sense are unified they can achieve the balance on the base of justice. The balance between media supervision and the independence of the judiciary is conducive to maintain judicial authority, promote judicial justice and realize the value of the two respective. We should take the following measures to balance the conflict between media supervision and judicial independence:en hance judicial independence to resist undue interference, definite the boundary of media supervision, establish a coordinating mechanism between judicial independence and media supervision.
|