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Research Of The Influence Of Public Supervision Upon Judiciary Judgment

Posted on:2011-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:B D WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Public opinion is an important form of social supervision, media supervision and value judgments between judicial independence and the actual practice, there are differences, contradictions and conflicts continue to arise. In view of the media supervision and judicial independence in building socialist democracy and the rule of law, the importance of social process, we need the rational thinking to the special relationship between media and judicial, view to both the collision in hunting for balance, Conger real realize the media's oversight function to protect and promote the independence of the trial, and ultimately justice. Full-text is divided into four parts: the first describes the profile of media supervision and media supervision typical case of justice, first analyzes the meaning of media supervision, and from the perspective of constitutional right to demonstrate the constitutional basis for media supervision, media supervision clearly right in China is derived from the Constitution the right, is a country influence the activities, it is an effective power control mechanism. I propose here, does not yet exist in China so-called "media trial" can only be inappropriate media reports on judicial independence will cause a negative impact, but not as a "media trial" of hat. Next, select the convincing case to clarify media supervision for the positive significance of judicial independence and undeniable negative impact. The second part of the media described the process of judicial supervision, judicial supervision of the media approach, procedures and features are described. The third part analyzes the relationship between public opinion and judicial arguments and present, from both the surface because of the conflict, the media supervision system and the judicial system itself its own problems led to the media's misunderstanding of justice and judicial rejection of the media; study the deep level due to the modern concept of justice and the media are two basic values, moral values and legal adjustment of the conflict areas of conflict between the leading media and Judicial Independence in the contradictions. The fourth part of the media and the conflict and balance, first of all, the media and explained the importance of judicial balance, the media, independent oversight of the trial is justified, but also necessary, because the media Authority may be bridges between trial and society, can be achieved to protect judicial independence. Then discusses the meaning of judicial independence, distinction between the court and its relative independence of the media relative to other independent administrative authorities, specifically dealing with media supervision and the relationship between judicial independence, instead of advocating the right to restrict the news media, as stressed by their own law enforcement independent. In the analysis of media supervision and judicial independence conflict, to seek a solution of the road, this article both from the media and the courts, made a number of ways to resolve conflicts between the two, in order to truly build a harmonious Media and Judicial Independence development mechanism, and ultimately justice.
Keywords/Search Tags:public opinion supervision, trial by media, legal news, media supervision, influence
PDF Full Text Request
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