The Conflict And Regulation Between The Media's Supervision And Judicial Independence

Media and justice are two major forces to push the strategy of ruling by law, and they are also important factors to achieve social fairness and righteousness. Justice could be exposed and supervised by the media is the indication of democratization and fairness of national justice system. Nowadays, media is the main channel for community to acknowledge social information and express their opinions. Media's judicial supervision is valuable tools for promoting judicial independence and fairness, but conflict also exits between them. Based on China's factual status of media's supervision and combined with relevant provisions about the relationship between the media's supervision and judicial independence applied in British and American, this article comes up with a number of targeted measures to balance the relationship between the two so that they could develop in the conflict, balance each other during the evolution and finally come to win-win situation from the balance.This article is divided into four parts, following is the overall structure:The first part introduces the legal basis of judicial supervision of the media, including: law warranty of media's judicial supervision, social value of media's judicial supervision and benefits from the interaction between media's judicial supervision and judicial independence.The second part analyses the conflicts between media supervision and judicial independence, including:possible negative impact on judicial which caused by media supervision, contradiction between media supervision and judicial independence, and essence of the conflict.The third section introduces the overseas experiences of balancing the conflict, which could be referenced for building specific judicial system in China.The fourth part analyses our current status of media supervision and resolution mechanisms, discusses on how to fully exert the functions of media supervision, and at the same time avoid possible negative impact on justice.