Discussion Of The Media Supervision And The Judicial Independence

In the modern various democratic societies, the media supervision and the judicial independence are the two indispensable basis elements. The mission of media is to supply information for the people and to satisfy the people's right for knowing the government affairs and social affairs which can bring supervision into full play. The judicial independence takes a modern country under the rule of law universal acknowledgement and the establishment basic legal criterion, which's the final goal, is to achieve the judicial justice and maintain the benefits of the masses. Theoretically the final value and goal that the media supervision and the judicial independence pursue is common,which is to maintain the judicial fairness and the social justice, but actually the two have the intriguing relations in the realistic society. The judicial independence requires keeping the appropriate segregation with the society, and not hopes to be interfered and influenced by the external world, including the media supervision. The supervision right of media comes from the citizen freedom of speech, while carrying on supervision to the administration of justice, it often proceeds from the public moral emotion to make comments and the comment great direction of public opinion often causes striking to the judicial independence seriously because of some inequitable factors. To give play to the value of freedom of the press to the maximum extent and also to guarantee the justice are pursue for us. How to balance the relation of this two is an issue we pay attention to.The first part is mainly the media supervision and the judicial independence conception. First mainly introduces media supervision connotation character and legal basis. Next sketchy introduces the judicial independence'concept.The second part mainly introduces the relation of the media supervision and the judicial independence. First introduces the value of media supervision is to judicial independence. Next introduces the collision between media supervision and judicial independence.The third part mainly introduces the conception of solving the collision of media supervision and judicial independence. First introduces the oversea legislation and practices of the media supervision and the judicial independence, including experience of Britain,American,Germany,Japan and many other countries. Next introduces Chinese conception of solving the collision of media supervision and judicial independence. Separately elaborates from the media and the judicial two aspects. First, looked from media angle that should establish the standard the media supervising mechanism, including regulating the behavior and way of media supervising jurisdiction and strengthening the media automatic rhythm city; perfecting the news legislation and following the law ; abiding by objective and fair principle and clearing about the media'role localization and so on. Second , looked from judicature'standpoint that should esteem media freedom and keep jurisdiction independent. The treasures include reforming the judicature and reducing the judicature fairly to the court external factors; establishing the spokesman system and setting up crossover platform; developing judicial security procedure and maintaining judicial independence and justice.