Public Interest Orientation Of Jurisdiction And Its Correspondence With The Supervision Of Mass Media

On the worldwide scope, the concept of modern judicatory operation has been diversified a lot. The traditional jurisdiction is still considered as a protector of private right and interest, where it derives the Justifiability status as one of the public right, and the unique value orientation to guarantee the private right and interest. However, from 1930's, it seems that jurisdiction has more and more concerns not only on the private right and interest, but also on the public field. And up to the 1960's, it lay more stress on the public field especially when conflicts arise between the private interests and the public rights.The development history of Mass Media shares the same experience. The freedom of press is derived from the private right—liberty of speech, which makes it a private attribute. However, after that, Mass Media also pay more attention on the public field, much earlier than jurisdiction, which engender the field of Public Opinion and play a role of public expresser. Certainly, due to the complexity of the development of modern politics and economy, the technology renovation of Mass Media has reached so a unprecedented level that to some extent, the Mass Media separates from the Public Opinion. Under such tendency, Mass Media can not be a completely exactly so called expresser of Public Opinion, from which arises the "double personality" of Mass Media, as a social phenomenon good for thought, that the one with a function of public supervision, whereas the other without.This change of Jurisdiction and Mass Media in modern time should be paid attention to and a new thinking about the relationship between Jurisdiction and Mass Media should be taken especially in our country where the public interest orientation of jurisdiction is not a long history, Neither Jurisdiction or Mass Media has not developed sufficiently and a breakaway is obviously there between them. The aim of this treatise is to probe the internal causes of this breakaway so that a reasonable solution can be expected. This paper consists of foreword, text and conclusion.The object matter of the foreword part is to describe the aim of this article, its research area and expectation, and its value both in practice and theory.In the first Chapter, the penman has reviewed the history of jurisdiction operation and analyzed it from a nomological point of view. In accordance with the judicatory protection to human right in the early history of Britain and the change in Supreme Court's attitude towards the jurisdiction concept during the New Deal of Roosevelt, the penman has enunciate a phenomenon that jurisdiction concept, which in the classical period focus on the protection of private right and interest, has tended to lay more consideration on the public right during the conflicts between the private and public.In the second chapter, the penman has reviewed the traditional meaning of Express Freedom, which is derived from the Freedom of Speech. Considered on the new characters of Express Freedom in modern society, the penman also has discussed about its tendency and role, as the expresser of Public interest Moreover, in this chapter, the penman has elaborated that due to the modern business tendency and the technology renovation of Mass Media, it has separated from the Public Opinion. And under such situation, Mass Media can not be a completely exactly so called expresser of Public Opinion, from which arises the "double personality" of Mass Media, as a social phenomenon good for thought, that the one with a function of public supervision, whereas the other without.In Chapter 3, the penman has discussed about the conflicts between jurisdiction and Express Freedom during classical period. If the Express Freedom is still considered as extend of Freedom of Speech, it will become more difficulty to explain the modern character of Express Freedom and may make damage to the public Freedom of Speech. If jurisdiction can not realize its own obligation to the public interests and ignore the public attribute of the supervision made by Mass Media, it will be in a hot water in the cases of public slander and affect the protection of public interest.In chapter 4, the penman has elaborated the correspondence between the modern jurisdiction and Express Freedom. In modern society, due to the complexity of politics and economy, there is no distinct separation between the public rights and private rights that some public rights will return to private field while some private rights will transfer to public and social characters. Public interest concerns become a more and more important tendency to the operation of right, no matter the jurisdiction and the Express Freedom. Jurisdiction is one kind of public power to protect the public interest, while Express Freedom is a social supervision power to appeal the protection from the public, which makes the correspondence point between the two of them.In chapter 5, the penman has focused on the correspondence between jurisdiction and Express Freedom in judicatory practices, in which, the penman has reviewed and analyzed the public slander cases in America and made the estimation on its development in China. At the end of this thesis, there are some suggestions and proposals.