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On The Legal Problems Of Media Supervising Judicature

Posted on:2010-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:H J LinFull Text:PDF
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Although media supervising judicature have similarities with state supervision, they have qualitative difference. So-called media supervising judicature refers to that public supervising judicature through news media. In the starting point and the foothold, media supervising judicature have the same with the supervision of National People's Congress and the state judicial supervision and so on, but they have much difference in supervision subjects, supervision methods and supervision effectiveness. If we master these characteristics, we can understand the meaning of judicial supervising media.The characteristics of media supervising judicature mainly in three aspects: the subject of media supervision has double characters , the method of media supervision is mainly reports and comments , the effectiveness of media supervision is from public opinion's constraint. Media supervising judicature is neither the right of media professionals who own, nor state power, but the constitutional basic human rights. Media supervising judicature has become a part of our judicial system, reflecting the need of public principle of judgment and the inherent requirement of the principle of relying on the masses. Media supervising judicature is basic human rights, on the other hand, the judicial organs independently exercise judicial power is the basic system, the two go hand in hand in normal circumstances.Media supervising judicature has two basic principles: first, the principle of rights-protection. Judicature must safeguard media report and comment in the whole public trial, and media must guarantee the rights of the criminals and judical officials, too. Second, it is the principle of rationality. Media should maintain a reasonable space when they supervising judicature, and should not abuse the right of judicial supervision, should maintain the legal authority, should not interfere with the independence of the judicature, too.Media supervising judicature need to turn principles into specific system. In the level of specific system, the first, we should combine with China's existing legal system, learning from advanced foreign practices. Second, we must establish or improve relevant legislation of media supervision to clear rights and obligations between media and judicature. Thirdly, we must build spokesman system to perfect media supervision mechanism and regulate the interaction mechanism of media supervision and judicature. At the same time, we should also improve the moral quality of judges so that they can deal with the media supervision rationally . Finally, it should be the establishment of sound mechanism of live television trial.
Keywords/Search Tags:Media Supervising Judicature, Principle, System Building
PDF Full Text Request
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