Freedom Of Expression In The Media Environment

With rapid development of Internet today, we media, which is changing our lives rapidly, has become an agent for everybody expressing themselves and participating public affair management. Compared with traditional media, we media is known for its extensiveness, openness, interactivity and immediacy. Over we media, publishing and transmitting information is more efficient and more convenient, and the impact of the subject becomes more far-reaching. Each user of we media is not only the information publisher but also the recipient and commentator. Anyone can fully exercise his freedom of expression. However, any kind of freedom has its boundaries, so does freedom of expression. If freedom of expression is not regulated under the framework of the law, it will bring many negative effects on judicial activities.The first two parts of this paper illustrates the transmission characteristics of we media information and explains the concept and boundary of freedom of expression. According to the summary of these two parts, we specify the theoretical basis of freedom of expression over we media. Part III combines the theory and practice, explains both positive and negative effects brought by the freedom of expression. Also, part III indicates that without rules and regulations, freedom of expression will harm the interests of the persons involved, affect judicial justice and judicial authority. Part IV lists some influential cases, does system analysis to the reason of the alienation of public opinion supervision function in criminal cases, including five aspects:criminal cases easily attract public attention, the diversification of the information and the randomness of the transmission over we media, people lack consciousness of self-discipline on transmitting information, weakening of the role of the gatekeeper of we media, the differences of thinking mode and evaluation criteria between communicator and judiciary. Handling the relationship between public opinion and judicature is a problem that each country will face on its judicial practice. Some western countries’management models are worth to introduce to our country. Part V selects two countries with different law system as representatives, America and France, collect and analysis their behavior towards the relationship between freedom of expression and independence of judiciary. On the basis of the first five parts, combining with national conditions at the present stage, learning from foreign countries, I make some suggestions on the negative effects of public opinion on criminal cases regulating by our own country. Firstly, improve the law regulation to we media, improve legislative level, implement real-name registration system further. Secondly, strengthen control mechanism towards the carrier of we media. Dublish information released bv authoritative denartments immediatelv. reinforce the examination of the details, and guide people with correct media public opinions. Thirdly, establish a standardized system of rational expression on we media, strengthen the sense of self-disciplined on media stuff, celebrities and normal users. Fourthly, limit out of court words of the person in charge of case and limit inappropriate media comments. Fifthly, help promote an independent and transparent judiciary, improve the beneficial interactive mechanism between judiciary and public opinions, further defining the contents and methods of judicial open. According to the argument of several aspects above, I hope to probe into the relationship between public opinions and judiciary independence on criminal cases, in order to protect legal rights of involved parties and to maintain fair and just of the society.