On The Principle Of Supervision Of The Press And Judicial Independence

The media's supervision over judicature and the rule of judicial independenceare both the important principle in our country. their together worth targets all lie in tosupport the social equity and justices.However, because their characteristic andmovement mechanism are different, so there is certion conflict between them.How torealise the balance between them in the premise of the social justice,becomes themost important problem in our judicature development process. thourgh analising thethe property and characteristicses of the media's supervision and the implication ofjudicial independence,This thesis put forward a reasonable structure that the relationsshould be a reasonable mode that holds balance under the appropriate tension . Thethesis also combine the practice of other countrys and the present condition of the ourcountry,to put forward some basic principles to handle the relations between them.Inthe end this paper carrys out some speculations about how to make the activity ofmedia's supervision normal,in order to make it promotes function of fairjudicatory,but not to affect the judicial independence. This thesis is about 36,000 words, and is divided into three chapters, the detailcontents of each chapter as follows: Chapter 1 mainly describes the proposition of the media's supervision overjudication from theorial angle .At first, it analyzes the meaning of the media'ssupervision ,and makes a comparison with other supervision forms ,pointing outits characteristics;And then argues the property of the media's supervision throughanalyzing different theories, pointing out that it is a kind of social function;In the lastit dicusses what kind of relations between the media's supervision and the judicialactivity should be. And carries out that the relation should be a balance under theappropriate tension. Chapter 2 introduces the legislation and practise processing about handlling themedia's supervision and the judicial independence in the abroad , including thereference and experience to our country . And put forward several basic principlesof the activity of media's supervision, including the judicial activity should bepublic, the media's supervision should be limited appropriatly, support the advantagesof judication, the benefits balance and the media's independence of itself etc. Chapter 3 is the key part of this article, it mainly carries out some speculationsto inbody the theoretical mode and principle above,though combinning the presentconditions of our country.these speculations and system designs include establishingthe norm of medium when it participates in the judicial activity, and building theprotection system to the medium and the reporters, and consummate the relevantremediable measure when the media's activity threaten the judicial independenceetc.