On The Right Of Judicial Independence And The News Media Supervision By Public Opinion The Settlement Of The Conflict

The nature of justice and the media as two different industries, while the democratic legal system plays a very important role. The results of the administration of justice reflects the state coercive power, with authority and stability, the media's mission is to timely and objective manner to provide information to the public to meet the desire of the public informed; pursuit of the ultimate value of both is the same, the fundamental goal is the pursuit of judicial impartiality and justice. However, both in the running mechanism of the opposition that there are natural, the judicial independence as a constitutional principle, confirmed the specificity of judicial power and independence of the exercise, the judicial activities, particularly the trial, requires a relatively closed environment, requiring and social isolation to maintain an appropriate and do not want any form of interference and influence. News media is a right to freedom of expression by the civil rights derived from the supervision of judicial activities, often starting from the public to comment on the moral feelings, which has great reviews of public opinion, often because they do not objective, injustice and other factors influence the presence of a fair trial, a severe impact on judicial independence.Independent and fair trial and freedom of the media and well-developed rule of law, democracy and civilization has no important role to replace. How to maximize the value of freedom of the press, but also to ensure justice, which is the mass media, judges, justice system and society must face the choice. Enduring as a modern rule of law issues, judicial independence and the media to exercise the right of the tension between public opinion began to emerge in recent years, the practice of Chinese society. How to handle the relationship between the two or balancing the interests of the judicial independence and the news media both promote each other, but also non-aggression, is currently an urgent need to solve a major theoretical and practical issues.About the possible conflict between the two approach, some scholars advocate the use of common methods, namely "the right to phase two lesser evil" approach. That the freedom of the press shall not infringe the power of independent trials, a country must have a social authority, any conflict must have the final arbiter. The rule of law to give the judiciary the power to the judiciary to remain impartial and must be independent and free from any interference. Has a long tradition of rule of law in the country, this idea is established, there is not even discussion about the relationship between the two, while in China is not. China's unique political system has determined that we learn from foreign experience in judicial reform should be linked with China's specific national conditions, otherwise, there is no practical basis of the theory although it may sound convincing, but it will certainly suffered a serious setback in practice.View from the existing literature, relevant research is part of the political system from the perspective of the conflict between freedom and legal relationships and values, some influential cases in recent years, for example, from the media to exercise the right of public opinion the impact of court decisions as a starting point to analyze the "media trial" and the judicial practice, press freedom and judicial independence, the press supervision and other aspects of justice and the unity of the opposition, looking for sensitive coordination between the media and judicial, regulatory and legal News news balanced and breakthrough.This article is judicial independence from the analysis of public opinion and the news media to exercise the right of the causes of conflict between the start of the actual conditions in the big perspective, the study status of the two conflicts, and the pursuit of justice with the two complement each other in real terms this proposed judicial independence and the news media and public opinion the right balance of interactive conflict resolution ideas.