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On The Positive Interaction Between Media Supervision And Judicial Justice

Posted on:2016-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:N BaiFull Text:PDF
GTID:2206330473460403Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Justice has many historical missions,that mainly mission is to safeguard social fairness and justice. In the contemporary of socialist transformation, the news supervision and judicial justice are two major atrocious values in the country under the rule of law. The news media supervision power in the western constitutional government system has long been considered a powerful supervision effectiveness, assisting justice running invisible forces. Media also plays a major rolein the rule of law publicity.. the rule of law supervision, promoting justice and curbing judicial corruption. Therefore, from the level ought to be, two value should be a benign interaction. If the news media supervision by public opinion of the judicial role play is proper, it can prevent the judicial corruption, promote the judicial justice, safeguard the positive role of the parties to get a fair trial. But due to the intrinsic value conflicts between freedom and justice, in certain cases also inevitably cause tension and conflict between freedom of the press and judicial independence, if the news media supervision by public opinion is beyond its limit, not only will lead to a drop in the judicial authority, but also will affect the realization of the parties to obtain the right to a fair trial, hindering judicial justice. In nature, the media and the judicial, have no fundamental conflict but the harmony and conflict of the unity of opposites relationship, it can be within the framework of reasonable construction and the benign interaction between rule of law.The thesis consists of five parts, the main content of each part is as follows:The first part,introduction. This part introduces background and significance of the text, comparing research on media and the judicial status quot at home and abroad and the methods and innovation of this project.The second part, relevant theory overview of the media supervision and judicial justice. This part defines the concept of media, justice and judicial power, define and analyze the connotation the value of judicial justice and judicial independence, this part also expounds the social supervision by public opinion on the value of justice.The third part, the media supervision and analysis on the influence of the judicial justice. This part through analyzing the status quot of the current Chinese media influence on judicial justice, and the typical case it find that the media supervision of justice both have positive effect, and negative impact. Positive influence displays in:media supervision being beneficial to safeguard judicial justice, safeguarding the legitimate rights and interests of the parties; supervise report after a case and before the trial, to ensure the details of a case of public; Network media is helpful for the establishment of the rule of law concept and propagation, promoting the construction of the rule of law. Negative influence displays in:irrational comment affecting the independence of the judicature; "Media trial" influence of justice; Improper comments influencing judicial authority, damaging image of the judge.The fourth part, the media supervision and judicial justice conflict forms and the reason analysis. This part based on the impact of media supervision to the legitimacy of the judicial process, judicial independence and media freedom in conflict, the conflict between moral judgment and legal trial, the court of media supervision from the aspects of discussion, analyzing the causes of these conflicts, to find relief, balance the conflict between the media and the judicial the road of healthy development.The fifth part, realize the benign interaction of media supervision and judicial justice. This part is the focus of this article.Firstly,this part through analyzing the balance of the necessity of media supervision and judicial independence conflict, it can find that the balance of the two conflict is helpful to realize judicial authority, judicial justice and the realization of the value of each other, from the transformation idea, specification and reasonable boundaries of the media supervision and judicial, break the judicial town government management mode, perfecting the judicial system and strengthening the communication and exchanges between the media and the judicial aspects, keep the balance between the two, minimize the contradiction and conflict. Finally through discussing the relationship of the outside media and the justice, contrast the ways at home and abroad, that solve the media and the judicial conflicts, the author thinks that our country needs to find a suitable for their own development on the basis of summarizing foreign experience. Reference and not copied, take its essence, to its dregs, it can really realize the balanced development of the relationship between media and justice.
Keywords/Search Tags:media supervision and judicial independence, judicial justice, the benign interaction
PDF Full Text Request
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