On Media Supervision And Judicial Justice

Along with the accelerating pace of construction of the rule of law society, the ruleof law concept is continuously thorough popular feeling, followed by, people using thejudgment analysis of the rule of law in social problems, solve the contradiction betweenthe demand constantly strengthened. At this point, the media of judicial supervision islike a window, let people see the path of justice. On the one hand, through the media tothe judicial supervision, judicial process to run in the sun, to realize judicial justice inthe way people can see; The legislature, on the other hand, from the rule of lawpublicity and media report to legislation, law enforcement present situation and thespecific situation of the judicial activities, in order to better promote the progress of therule of law. However, media supervision is in essence a double-edged sword, itsfunction can not only to promote judicial justice, and also have obstacles to justice.Media characteristic determines its wants be particular about the spread of theuniversality and effectiveness of access to and dissemination of information, it will forma conflict with the requirements of normative judicial activities. At the same time, themedia has its own features of freedom and the independence of the judicial and willform a conflict. Although there are a lot of conflict, but the media supervision andjudicial activities have a common value pursuit of justice in the end. Rational thinkingabout the relationship between them, make the media to better achieve the supervisionof the judicial activities, it’s need to seek a balance in the conflict of the two.This paper consists of introduction and five chapters. Through the first part is tointroduce the subject of media supervision and judicial case and thinking. Mainly fromthe "ShiJianfeng case" and "Limou a rape", this paper analyzes two cases, from the twocases in the media supervision changes before and after the analysis of the two sides ofthe role of media supervision, puts forward to the media and the judicial activitiesrelated theory and the analysis of the specific relationship. The second part through tothe media supervision and judicial justice related basic theory to carry on the overview,defines the meaning of the two, and analysis of the media supervision content such assubject, object, scope, elaborates the concrete content of justice. The third part aroundthe relationship between media supervision and judicial justice is the relationshipbetween related in this paper. Through dialectical analysis on the ultimate value pursueboth consistent and both also have compatibility, at the same time, the mediasupervision of justice also have legal value, illustrate a unified side; Through empiricalanalysis, combining with specific cases to illustrate the freedom of the media and thejudicial independence, etc, there is a natural, the contradiction of the media in theprocess of supervision and judicial also exist some problems. The fourth chapterinspects the current our country the status quo of media supervision and the other civillaw countries and international recognition system to learn from. As a statute lawcountry, our country present stage is not a special law to authorize and regulate thebehavior of the media supervision and judicial, but referring to some laws andregulations, and interoperability is not strong. In reference to the Anglo-American law system countries represented by the British "judicial restrictions on the media model"and the continental law system represented by Germany "open to the media the judicialmodel" of the country and recognized by the international community of the rule of therelationship between media and judicial independence Madrid, for our country to solvethe conflict between the media and the judicial problems. The last part is theequilibrium relationship between the media supervision and judicial justice. By othercountry’s experience, combined with China’s national conditions, put forward thelegislative organs should formulate and improve relevant laws and regulations as soonas possible, to advocate the news media shall abide by the principle of presumption ofinnocence and safeguard judicial authority, the media workers should respect andprotect the secret and privacy and law propaganda, suggested that the judicial organsthrough public methods such as strengthening judicial public written judgment, at thesame time, strengthen the judicial workers quality and establish the press spokesmansystem, under the effective supervision of the media, activity can really achieve fairnessand justice of judicature in our country.