Legislative Proposals On Establish The Crime Of Media Obstruction Of Justice

As the supervisor of the society, media play an irreplaceable role. But according to some data, media itself has many problems. In the relationship with justice administration, because of no clear regulation, the phenomenon of media obstructing justice always exists. From Zhang Jinzhu case to Jiang Yanping case, media showed lack of rational, and guided to a improper way, which affects the independence of the judiciary.Because of the characteristic of administrative and high trust media in our country process, media obstruct the justice though outer power. From the scope of society, the obstructing conducts demolish the dignity of justice; from the scope of justice cases, the obstructing conducts usually lead to injustice cases. As the great damage of media obstruction of justice, China's Criminal Law should include it in the scope of media obstruction of justice crime. It is the demand of independence of the judiciary, besides it is the demand of the special operation of media.Media obstructing conducts are all forbidden by law. In common law countries, it is punished though the crime of contempt of court, while in civil law countries, it is stipulated in the crime of obstruction of justice .Scholars in our countries now have common opinions towards media obstructing conducts.Media obstruction of justice crime can be defined as the conducts which media seriously hamper the justice before the decision taking effect. Finally, as this crime is unit crime, we should use dual-punishment. That is, stated that whoever commits the unit crime, imposing a fine on the units and their managers directly responsible in accordance with the preceding sentence.