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"Trial By Media" And The Prevention

Posted on:2011-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y N ChengFull Text:PDF
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In the process of development of modern criminal judicial supervision of public opinion, the news media plays a crucial role in blowing judicial corruption and maintaining justice, etc. But, for criminal judicial independence and justice, the media supervision is a double-edged sword. we are fully affirmed the positive aspects of it, but also must awake to the criminal judicial cases of great news. Therefore, we need to focus on the"Trial by Media".There are four parts in the papers, including 25thousands words.Chapter One The negative benefits of"Trial by Media".Reviewing the negative espect of the criminal news report, we have to quote the words"Trial by Media",which is from the western media and judicial practice. In those cases by jury trial, the jurors are affected easily by the media. We can see from the case perspective, that "GaJiang anti-fakes case" is a typical negative example, which caused the interference by legislative power. And the "Ma Jiajue case", which was reported on "Presumption of guilt", pushed Chinese"Media trial"to the peak. The adverse effects of"Trial by Media", are mainly embodied in the following aspects: the destruction of Verfahrensautonomie ; the risk to security of the criminal suspect personality ; The adverse effects to other Llawsuit participants ; and against crimes.Chapter Two The causes of"Trial by Media". Deeply analyzing the current political and legal system, the media environment, and the news media and judicial organs of their professional functions, we will find the reason of"Media trial"is in-depth.In China, the media reports produces "impact" on the verdict at least through three ways: first, directly influences on the collegial panel, including the judge and people's assessors, second, the pressure of litigant participant, getting the attention of the administrative authority by reports, who would bring pressure to the lawsuit participants ; third, the administrative power will affect the collegial panel and the lawsuit participatants again. Both "The news fact" and "The legal fact" are artificially screened and produced by their professional system rules. But based on the differences of their professional fields and rules, these two facts are different, which is an important factor of the controversy called "Press supervision interferes judicial independence". From the Angle of view, Journalists are very subjectivity, whose morality and emotional factors has a strong influence; but a qualified judges is neutral perspective. Due to a system of laws and his major role, his free proof flexibility is very limited. From the structure of the process of facts, journalists describing the news fact are mainly for its own perspective by interviewing the event's participants and the witness ,and then filtering the information. This "filtering" system is lowly controlled, which depends on the rporters'moral and emotion heavily. But a set of strict procedure is the legal procedures. In this program, both of the accused and the defended itself is the supervisors. Ddiscretion of evidence depends on professional guidance. The specialenvironment of media breeds"Trial by Media". In China, as a criminal case, few of the defendant to court prosecuted because of the injustice reports.This has embodied in a kind of inertia.Lack of legislation made the criminal suspects more easily exposed in the feild of"Media trial".Chapter three"Trial by Media"outside the investigation.I. The"Trial by Media"under the background of the jury system. The jury system is mainly applicable to contemporary criminal trial of serious criminal courts. In court, the jury and judge is the center. The duty of the jury is recognizing the criminal facts, that the person who decide whether the defendant is guilty or innocent is not the judge, but the jury. The judge has the responsibility of applying laws. The jury plays an important role. Jurors are just ordinary citizens who get no professional legal training or psychological training. They make judgment on the fact based on the debating of both sides and the guide of the judge. The media affect to them easily. Because of this, Both of the accused and the defended hope to get the media's support. Therefore, Britain and the United States have taken a lot of methods to avoid the"Trial by Media". In Britain, "contempt of court" is a good method. In the USA," Jury selection in advance","Trial sites Change", "Delay cognizance", "Warning jurors" and "Isolate the jury" are the traditional ways. "Restrictive command to the media" , "Restrictive command to the trial participants","Closed trial procedure" and "The guiding principle of the judge-lawyer-media"are the new ways.Chapter four China's"Trial by Media"prevention methods. There are no two leaves the same. We must start from the situation. We have four ways(.I)Flexibility in the use of public trial principle;(II)Perfect the spokesman system;(III)The judicial examination of the reports;and(IV)Report on multi-angle.
Keywords/Search Tags:Trial by Media, The news fact, The legal fact, Jury trial, The criminal judicial independence
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