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On News Of Supervision And The Relationship Between Judicial Independence

Posted on:2008-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:B SongFull Text:PDF
GTID:2206360242459193Subject:Law
Abstract/Summary:PDF Full Text Request
News' monitor and judgment independence have the unique value in constitution design, composing constitutional politics value in perfect harmony as a whole. Judging from the static state, it seems no inherent tension, but determining from the practice of constitutional politics, it's easier to figure out that it exists inherent tension in fact. This is because the differences of logic starting point and value system of judgment independence and News' monitor in constitution. The result of judgment independence is to be related to citizens individual rights and interests directly. By focusing on private rights and interests and monitoring the enforcement of law , there should be the right of that citizens to know the solving process and result of any cases, meantime, citizens and media have the right to prevent judicial corruption and disorder operation. Judicial department also have the obligation to protect particular party and public interests, and implement the judgment independence power by law.It is a long time that there is intension between news' monitor and judgment independence, and appearing dissimilarity because of the difference of national property and system arrangement. in our country, this kind of strain has been already increasingly outstanding with the development of national ruling of law progress and continuously social democratization, it already attracted too much about how coordinate the relationship between them to achieve aimed value .This thesis aims at the paradox of news and judgment, by the news monitor and the judgment independence as breakthrough point, to discuss how to hold the relationship better between them in order to realize justice equity maximum in nomocracy building progress. This thesis launches an analyzing on how to moderate the tension relationship between them. news and judgment and keep suitable power to reach each aim and seek an efficient and valid possibility systems and measures.The first part, this text mainly discussed the conception, character, and law define of news monitor, defining the scope of news monitor according to the discussion and defining judgment independence meaning and characteristic in the meantime.The second part, this text mainly discussed the Discriminate relation of news monitor and judgment independence, with both contradictoriness and consistency. There are both having consistency from looking for social fair and justice aspects. the purpose of the news monitor to judgment is to lie in to implement equitably to trace illegal, the criminal offence, in the meantime it is necessary monitor judgment operation in order to eradicate completely judicatory corruption, avoided black case work and promised the monitor right of citizen, whereas, in the judicatory the fulfillment practice, it behaves the struggle and conflict of news monitor and judgment .on the other hand the news direct surmounted reasonable of boundary, which constituted to interference and pressure to the court judges independently, even appeared the situation of "media judgment", correspondingly, judgment organization rejecting the news inspects also deprived public of knowing insider story right. Essentially speaking, the antinomy news' monitoring and judging independence is caused by judging standard, pursuing purpose or procedure justice. this part further debate the essence of their conflict via analyzing news inspect and judgment independence dialectical relation.Part-three, the thesis mainly introduced some better methods in superintending contradiction conflict of news monitor and judgment independence of United Kingdom-American and international conventions , e.g. restraining , imposing punishment on after the event and so on.Four-part, this text mainly carry out a discussion on the almsgiving route to conflict between news monitor and judgment independence., First, it is discussing our country present condition and the problem in the news monitor and the judgment independence, owing to no law moderating both sides in our country, which results in the fulfillment, for some judgment of hot point, important cases, media driven by the benefits, emphasize on some facts in the excessively outstanding case or make use of an unilateral circumstance perhaps, bringing on public opinion pressure, damaging judicial department independent judging power and related party right, second, after discussing our country of present condition and problem, it mentions the basic principles and method of handling both sides relationship and establishes to have the priority principle and judgment organization restriction and guarantee news monitor principle, news monitor should follow principle etc. Third, providing some concrete ways in the analysis on how to moderate our country news monitor and judicial independence relationship the foundation of the present condition and basic principle. Setting up judicial reporter's system, perfecting judgment opening, preventing in advance etc.
Keywords/Search Tags:News' monitor, judgment independence, dialectical relation, almsgiving
PDF Full Text Request
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