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Research On The Relationship Between Freedom Of Expression And Justice

Posted on:2012-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:N AnFull Text:PDF
GTID:2216330335475688Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Freedom of expression and justice is the indispensable two fundamental elements to modern democratic society.Freedom of expression of the judicial supervision means the public can through the press,radio and television,network carrier on judicial organs judicial activities free to speak their opinions,express their own opinions,let the judicial activities to accept the supervision of public freedom of expression,causing social and people's concern to safeguard judicial justice and judicial independence.And judicial independence as a modern country under the rule of the common recognition and establish basic principle,it is to point to by judicial organs exercise judicial power independently,judicial organs exercise judicial power can only obey the law,not by any other factors outside except law the interference and influence,its ultimate purpose lies in the pursuit of justice.In theory,the pursuit of freedom of expression and judicial value goal is common,but in actual society there are intricate relations.On the one hand both exist to promote each other, complementary relationship,the influence of performance for the positive aspects. On the other hand there is a conflict and resisting between the two,expressed as the negative impact.Now on how to deal with academic freedom of expression and the relationship between the judiciary also exist different versions of this problem,this paper is to illustrate the authors illuminated some views.This paper constitutes the introduction and four chapters.The first part:The basic theory of freedom of expression and the judicial.It discusses the connotation,extension and properties of the freedom of expression,and introduces the nature and basic principles of justice.A diagram that shows the freedom of expression influence justice process and relationship between the two.The second part:Consider the impact of freedom of expression on judicial.From the analysis on freedom of expression positive influence and negative influence on the judicial,study of freedom of expression exist in the judicial activities of the advantages and disadvantages and makes every effort from objective,comprehensive, development point of view, to replace the existing problems as possible,given dialectical thinking the pertinent evaluation.The third part:Consider the impact of judicial on freedom of expression.From the analysis of the judicial of positive effects and negative effects on freedom of expression,for judicial operation process of how to look at and how to use rationally of freedom of expression,etc for reflection.The fourth part:Path to seek a balance:remodeling the relationship between freedom of expression and justice.Mainly elaborated for freedom of expression and judicial better integration and balance,from the two related positioning,independent judiciary mechanism and supervision of the freedom of expression,puts forward the atmosphere perspective in the right to freedom of expression and judicial correctly handle the relationship between parties,in order to achieve better tolerance and cooperation.
Keywords/Search Tags:Freedom of Expression, Judicial, Media, Influence, Supervision
PDF Full Text Request
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