On News Supervision By Public Opinion And The Relationship Of Judicial Independence

As the two different fields with different natures, judiciary and media all play important roles in our construction of democracy and legal system. The result of judicial judgment reflects the constraint of state with authority and stability. The mission of media is to supply information for the people immediately and objectively in order to satisfy the people's desire of knowing the government's affairs and social affairs. Judiciary and media are all pursing the same final value which is judicial fair and social justice, however, natural antagonism exists on the operation mechanism of media and judiciary, as one constitution principle, Judicial independence confirms the special attribute of judicial power, which needs a relatively close environment, requires keeping the appropriate segregation with the society, and not hope to be interfered and influenced by the external world. The supervision right of media comes out from the citizen's freedom of speech, while carrying on supervision to the administration of justice, it often proceeds from the public morals emotion to make comments, and the comments' great direction of public opinion often causes striking to the judicial independence seriously because of some inequitable factors.The independent judiciary and free media have very import function and can't be substituted for the democracy and civilization. How to give play to the value of the freedom of the press to the maximum extent and also guarantee the justice is the awkward choice which the masses' media, judge, judicial system and even the whole society must face. As the permanent question of the modern society governed by law, the sharp contradictions of the media and administration of justice begin to appear in China's social work in recent years. How to well treat the relation between judiciary and media or to balance them and make them advance each other not invade each other is an essential problem between theory and practice for our country to settle immediately.This article consists of three chapters.Chapter 1: The comprehensive introduction of media supervision and judicial independence. In section one, I introduce the conception, character and evolution of media supervision; In section two, I make a comprehensive introduction of judicial independence...