On The Media, Judicial Oversight

AbstractThe medium supervision is one of the important parts that constitute the social supervision system The strengthening of construction of medium regulations plays a very important role in perfecting our country's legal supervision system, upholding the integrity and honor of legal system and preventing the abuse of power.The target of medium's supervision towards judiciary is to promote the judicial justice. Why the medium can supervise the judiciary has its grounds both in theory and reality. This can give expression to: from the view of resources of judicial right ,it is granted by people who have the right to supervise its application, and the medium supervision is just one of the ways people exercise their supervision right; from the view of principles of human rights the medium supervision reflects a kind of freedom of speech and press ,which has been confirmed by the international human rights conventions and recognized by countries' practices all over the word long before; from the view of provisions of the constitution , the medium supervision toward judiciary is one of the practical ways how people exercise their political rights such as criticism and proposal rights ;from the view of realistic basis , when compared with the interior supervisions of the power organ ,procurator organ and judiciary organ ,the medium supervision has its advantages in costs and competence. All the above constitute the grounds of how the medium can supervise the judiciary.Although the medium can supervise the judiciary ,they are not consistent .Because there exists the possible conflicts between the freedom of speech of medium supervision and judicial independence ,some problems have occurred during the medium supervision .some of these kind of possible conflicts are reasonable ,but some are unreasonable ,which gives expression to: the conflict of legal value. conflict of right(power) exercising ,and conflict of professional characteristic and functions between the medium and judicial professionals the problems which the existence of those conflicts brings about upon the medium's supervision toward judiciary in reality are: the abuse of medium's supervision right interference into the judicial independence, practice of judging by the press ,non-sufficiency of supervision and lack of supervision means. It results both from non-definiteness of legal provision and non-cooperation of relevant supervision objects and the medium itself in the process of particular supervision. The thesis ,starting from the reality of medium's supervision toward judiciary and combined with the relevant provision on the relationship between the media supervision and judicial independence of western countries, has put forward some aiming measure to balance their relationship and to draw a clear line of demarcation between them., so that the non-efficiency of medium supervision can be prevented. These measure include both the normalizing of performance of judicial rights and the improving of levels of levels of professional ethics of the medium itself .the more important lies in the perfecting of whole system ,which can give full play to the medium's supervision toward judiciary.In the end ,we should notice that there doesn't exist paradox between the medium supervision and judicial independence in the process of our country's legalization ,because both of them declare that their value pursuits in form are justice . It is just because of the common point that we can probe into the relationship between the medium supervision and judicial independence, which gives expression to the harmony instead of paradox between the freedom of speech and press and judicial independence .The harmony between them can guarantee the accomplishment of citizen's rights of speech freedom and their political rights ,enriching of factual contents of our country's rights, and achievement of judicial justice.