On Justice And Freedom Of The Press

Important symbol of modern democratic politics is the freedom of the press. Is an integral part of the constitutional concept. Modern rule of law on the judicial power of the configuration and operation of the basic requirements of judicial independence, people's political show to the rule of law and civilization. Freedom of the press is freedom of speech and the right to know the implementation of the demand for freedom; the implementation of the needs of citizens to a fair trial is the independence of the judiciary. Is a constitutional right to freedom of expression and the basic rights given to citizens; to a fair trial is the Constitution gives citizens the basic rights. How do between the two civil rights and full protection of the effective realization of the relationship between the nature of both. Independence of the judiciary to resolve the relationship between press freedom and the key elements of the rule of law. In article 35 of the Constitution, Article 41 and 126, respectively, determine the independence of the judiciary and the principle of press freedom. But what is reasonable to build an independent judiciary and freedom of press relations is the lack of precise legal provisions, the practice of frequent conflicts between the two, building the rule of law into the one of today's major problems.The modern state of law, judicial justice and press freedom are the two constitute a system of social justice can not be an essential component is missing. Between the judiciary and the media because there is still another comment on the institutional structure, and how between justice and freedom of the press to determine a fair and clear boundaries, to establish a scientific and rational relationship between the two, so that rule of the state in society The value of the main house and a variety of interests between the harmonious and orderly, this is the rule of law must face. Even if the sun has not learned this in-depth exploration, but fall far short of the balance of interests, in particular, followed by the rise of online media, the problems become very complex. So, to continue to discuss this issue in depth, or has great practical value and theoretical significance.At present China's media and the judiciary itself is not yet mature, a few media reports of some inappropriate indeed to some extent bring the administration of justice a bad influence, but in reality there are judges who have been public pressure to make the case against the judicial justice of the case. But you can not blame the media all responsibility? Young scholars weeks Zeti a different proposition: "justice is a system of evaluation, the force of law, the so-called media trial is spontaneous comments, was that the public justice of the test is a reasonable and normal phenomenon, rather than independent jurisdiction of the court's intervention and go beyond. "and thus produce the" non-media of misleading the judiciary had "conclusion.This trial can not the media question whether there are still differences of jumping to conclusions, but this article but then the view that identity - the problems in the administration of justice from the judicial power of the configuration and operation requirements to start, rather than blame. " media trial. "In building a socialist country ruled by law today, justice and the rule of law, freedom of the press the two countries is a very precious value system. The importance of the news media to the constitutional system has been seen as a special and independent people treated were the main force. Supervision of the media in the legal system, legal advocacy, to curb judicial corruption and promoting justice and so promote an important role. Therefore, from the Real level, this two values should be positive interaction. If the news media, public opinion on the role of the judiciary to show properly, you can play to curb judicial corruption, and promote judicial justice, and protection of the clients a fair trial in a reasonable active role. However, press freedom and judicial independence exists between the value of the contradictions, in exceptional circumstances can not avoid judicial independence and the freedom of the press led to the contradictions and tensions between, public opinion if the news media more than it should have limits, not just only resulted in the decline of judicial authority, will also affect the parties to obtain the realization of the right to a fair trial, and then blocked to achieve justice. Rule of law and the media both in nature and there is no fundamental contradiction. Resulting in conflict and harmonious coexistence between the opposition and unity, can construct a reasonable framework and the rule of law form a positive interaction.