On The Independence Of The Judiciary And Media Supervision

In democratic and institutional countries in modern world, judicial independence and media supervision are basic essential factors. As a basic legal principle generally recognized and established in modern law-governmental countries, the judicial independence means that judicial authorities have the independent and exclusive judicial power, the exercise of which has to be precisely and strictly in conformity to the constitution and laws and free from any extra-judicial intervention or influence. It includes the independence of judicial power, judicial or organ and judge. The purpose of judicial independence is for judicial justice.The media supervision of judicature is the expression of the public's opinion or comment on the events, phenomena or facts in the judicial field via such media as newspapers, magazines, radio, television, etc., so as to keep them under the supervision of public and maintain public order, equality and justice.It is symbol of justness that the jurisdiction is open to media and accepted the supervision of media. Today, media is the basic channel through which the public obtain information and express their opinions. The supervision by media can promote judicial independence, open trial and justice. But there is contradiction between media and the court. 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 between them: Firstly, to perfect the relative laws; Secondly, to clarify the limits of the public supervision to justice; Thirdly, the courts treat media supervision direct in response to the exactitude.