The Judiciary And The Media: To Find A Balance In The Conflict

In recent years, the strain and conflict of the judicature and media caused extensive concern of the academic circles. The scholars interpreted it from the different angles of view under particular standpoints. It may be said that is profuse and confusing, different people, different views. There reaches some consensus, such as affirmation the relationship between expression freedom and judicature, is not a problem of simple choice, but which should be lay equal stress on and can't be partial to discard in some aspects. But many problems such as media how to oversee the judicature is debatable.In this thesis, the author combed different standpoints about the relation between expression freedom and judicature of scholars carefully . Then mainly analyzed the source of conflict inside and outside, and agreed with that under the country current judicial systems and the news systems, the media overseeing judicature has the legality, necessity and possibilities. The author also insisted that the reasonable media overseeing is advantageous to promote justice but will not constitute to go beyond proper bounds judicature. At the same time the author also tried to set up the systems harmonious and balance between the media andjuicatory.This text is divided into five parts.Prolegomenon: in this part, the author mainly clarified some related concepts partially, such as "expression freedom", "freedom of speech" and "freedom of press", "judicature independence" and "judicature fair",etc.Partl:The media oversees judicature: legality, necessity and possibility. It mainly analyzed the media overseeing judicature is the body of the citizen's expression rights. According to the characteristics of judicature and our country's realistic state of the nation under of judicial present condition,it is necessary that media oversees judicature; And it can oversee judicature possibly.Part2:The media oversees judicature: the problems and the source in the actuality. Mainly analyzed many problems appear in concrete operation, also investigated the reasons of conflict: the different social power of conduct and actions, two inside reason of current its antinomy, also has the artificial factoroutside.Part3: The media oversees judicature: contend and studies theoretically. Which is the primary part of this thesis., It mainly concerning the gains or losses that the media oversees the judicature and whether" media judgment" belong to a false problem which we debated before; Combine to take" Yong-Iiu case" as an example, carried on to so-called" the media judge" dialysis. This chapter still involves the media and judicial relations some hot point discussion of problem, such as "public judgment" etc.Part4: The media oversees judicature: Look for the balance in the opposition. Firstly, the author asks for help from the western's related system and codices. On this foundation, the author try to look for some balance point which can insure equitable judicature one hand, and on the other hand it can insure judicature is far from the covetous of media.