Media And Open Justice

This paper starts with analyzing the role and function of media and judicature in constitutional countries respectively. Since the Free Press is the derivative of modern democracy and human rights idea, and the judicial independence is the embodiment of general legal principle, thus the relationship between media and judicature is, in other words, the relationship between democracy, human rights value and law value. Contemplating the premise of the democratic basis of media's supervising judicature and the legal principle upheld by judicature, can we properly provide a balance mechanism of the two under the open trial principle. Media report makes the open trial substantive and concrete, while judicial comment possibly affects judicial independence. Therefore, judicature is required to be responsive to public opinion as well as independent of it.The second chapter mainly studies the judicial practices in America and the UK. For their early development of modern media and establishment of judicial independence, the two countries have formed relatively more comprehensive and mature rules and regulations through legal practices, which are worth using for reference. British law lays emphasis on the media censorship, mainly presenting in its written law; while American law looks at the importance of media freedom, which generated many principles in its case law.The third chapter examines the legal practice in our country. China is in the period of social transformation, the judicial independence and free press haven't been fully realized. In that case, we should firstly develop and enhance their values in our society in order to further realize the two adequately. Secondly, the public trial can gain and increase public trust by achieving judicial transparency through media's impartial reporting and in return, promotes judicial independence and upholds the dignity of judicature. Independent judicature, on the other hand, offers powerful protection to media freedom. So, the two can interact with each other positively and coexist harmoniously. Finally, this paper provides some views and possible approaches for our country to deal with the relationship between the media and the court.