The Relationship Between Press Freedom And Judicial Independence

In recent years, along with the media enhancing their own vitality, open trial principle is being gradually implemented and judicial corruption is spreading seriously, media begin to intensify their efforts in the supervision on the judicatory, synchronously the conflict between media and judicatory becomes increasingly prominent. However, there are still compatibility and coordination between them. Judicatory needs media's proper supervision; on the other hand media's supervision also needs judicatory's tolerance. In China, the principle of judicial independence means that judicial authorities have the independent and exclusive judicial power, the exercise of which has to be precisely and strictly in conformity to the constitution and laws and free from any extra-judicial intervention or influence. The media supervision for judicature is the expression of the public's opinion or comment on the events, phenomena or facts in the judicial field via such media as newspapers, magazines, radio, television, etc., so as to keep them under the supervision of public and maintain public order, equality and justice. In the process of socialist democratic and institutional construction, the relationship between judicature and mass media is not to be evaded.This paper is divided into four chapters, the introduction part mainly describes the basic concepts of the media monitoring and judicial independence. Media is a way of intermediary institutions for communication activities to occur, the most important material carriers in the tradition of human civilization; Justice have the broad and narrow sense, This referred to the judiciary is in the narrow sense of justice that the court's judicial activities; Judicial independence is an important basic principle of our judicial system activities, its ultimate goal is to achieve justice, safeguard the vital interests of the people. Chapter I described the relationship of inherent consistency between the media monitoring and judicial independence. First, from the constitutional theory, educing these two fundamental rights of citizens:freedom and trial independence. According to the provisions of our Constitution, proposed by China's freedom of the press from the constitutional rights of citizens, Judicial independence is a prerequisite and guarantee of fair trial; further pointed out that the relationship of conflict between the media supervision and judicial independence in theory and in reality. Chapter II analyzes the necessity and legitimacy of media supervision. Chapter III examines the experience of foreign countries. Firstly, drawing on the legislation and practice of Germany; Secondly, analyzing the legislation and jurisprudence of the United Kingdom. Chapter IV reveals how to build a benign interaction between the two in our country. First of all, by comparing the dispute of the scholars on the the scope of news supervision, I proposed a number of insights on the scope.Secondly, from the microscopic point of view, related to how to build a specific system to resolve the inherent conflict between the two, in order to achieve the two going hand in hand. Through theoretical and practical reconstruction, in order to maximize the balance of the relationship between the two, work together to achieve social justice.At present stage, equal importance should be given to both media supervision and judicial independence. Properly interactive coordination and communication has to be constructed and maintained, so that a balanced and healthy development is achieved and the socialist judicial justice and democratic and institutional construction are guaranteed.