On The Media Supervision And Judicial Independence

The media supervision and the judicial independence are the two indispensable basis elements in the modern various democratic societies. The media to judicature's inspector general means that to the facts or phenomenon that happen in the judicial domain, the public can through publication,magazine,broadcast television and so on to express own view or the opinion, let these facts\the event or the activity accepts the public's examination and surveillance, causes social and people's attention, maintains the social order and the social justice. And the judicial independence takes one modern country under the rule of law universal acknowledgement and the establishment basic legal criterion, is refers to the jurisdiction to exercise independently by the judicial organ, the judicial organ exercises the jurisdiction only to be able to obey the law, not besides the law other any factor's disturbance and the influence, its final goal lies in the pursue judicature to be fair. Theoretically the value goal that this two pursue is common, but actually the two have the intriguing relations in the realistic society. On the one hand both existences promote the relations which mutually, complements one another, on the other hand between both also has the conflict and resisting. Now in the educational world, how to handle the relation between the media supervision and the judicial independence also has the different view, this article is mainly divided four parts to come a simple elaboration mean to this question some view.The first part is mainly the media supervision and the judicial independence outline. First mainly introduces media supervision's connotation,legal basis and necessity. Next sketchy introduces the judicial independence's necessity and general request.The second part mainly introduces the proper relation of media supervision and judicial independence. First introduces the harmonious relation of media supervision and judicial independence. Next introduces the possible conflict relation and legal principle analysis of media supervision and judicial independence. Finally mainly introduces the balance dot of solving collision.The third part mainly elaborates the present situation of media supervision and judicial independence. Separately elaborates from the media and the judicial two aspects. First introduces that the media lacks the standard and the restraint to the judicial activity's surveillance, mainly includes two aspects: first, the media's improper supervision creates "the media trial", harms judicature authority; second, the media's insufficient autonomy appearance "the media corrupt", disturbance jurisdiction independence. Next introduces that the guard and resisting of the judicial organ to media, mainly includes two aspects: first, the court limits the media's right to interview, report and commentary the judicial activity; second, the court or judge sue the news media right infringement.The fourth part mainly introduces the suggestion of solving the collision of media supervision and judicial independence. First introduces the overseas experience of balancing the collision of media supervision and judicial independence, including Britain,American,Germany,Japan and many other countries' legislation and practice. Next introduces the measures that our country should adopt, it's mainly takes the measure respectively from the media and the judicial two aspects. First, looked from news media's angle that should establish the standard media supervising mechanism, including strengthens the media's automatic rhythmicity, perfects the news legislation; establishes media surveillance judicature's reasonable boundary, guarantees judicial independence; clears about the media's role localization, abide by objective and fair principle; maintains the media's relative independence, establishes the new media system. Second, looked from judicature's standpoint that should treat the media surveillance correctly, strengthens with the media communication, and consummates self building, including reforms the judicature and reduces the judicature fairly to the court external factor dependence; opens message channel and establishes the shield mechanism; establishes afterward remedial treatment mechanism.