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The Research Of Legal Issues About The Media Supervision And Judicial Impartiality

Posted on:2013-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:X L WanFull Text:PDF
GTID:2246330362473755Subject:Legal theory
Abstract/Summary:PDF Full Text Request
A great many researches have been done about legal issues about the mediasupervision and judicial impartiality. However, with the development of new media likeTwitter and so on, the media supervision demonstrates new characteristics. Moreover,along with further progress in judicial reforms as well as constant accumulation ofpractical judicial experience, we will have an up to date knowledge and understandingof judicial impartiality. Consequently, it is totally necessary for us to havere-consideration of the media supervision and judicial impartiality.This paper focuses talking about legal issues of the media supervision and judicialimpartiality. It briefly talks about the development of new media in its introduction, andgives a concise summary of some significant researches about the media supervisionand judicial impartiality. In this way, the body of this paper has been illustratedgradually.The body of this paper consists of five parts, in which the first one mainly studiesbasic issues on the media supervision. In this part, implication of the media supervisionof justice has been firstly discussed, and then it makes a clear definition of the mediasupervision of justice. Secondly, this part illustrates new characteristics of the mediasupervision of justice. They include the gist of the media supervision, principal part,means as well as efficacy of the media supervision. The second part of this paperexplores the relationship between the media supervision and judicial impartiality. Thereis no doubt that the differentiation and analysis of judicial impartiality tend to be focalpoint of the research. Because of the understanding of judicial impartiality, we caneasily come to such viewpoint as “The understanding of judicial impartiality is morelikely to be achieved in terms of the restraint on judicial power, the protection ofneutrality and publicity in the course of judicial process, and the emphasis laid on thepublicity of judicial procedure. From this viewpoint, the second part then probes intothe analysis of the relationship between the media supervision and judicial impartiality.The next part analyses the relationship between the media supervision and judicialimpartiality in terms of the social reality. Through the analysis, the media supervisionand judicial impartiality are found to be incompatible in some way. The fourth part,aiming to analyze the cause of incompatibility, stresses the study on the mediasupervision and judicial impartiality in the USA and UK, which focus on the balance of press freedom and fair trial. In the fifth part, this paper talks about system constructionof the benign cooperation between the media supervision and judicial impartiality. Inorder to achieve that, when the media supervises the judicature, it must be required toobey fundamental principles, which aims to protect the media supervision, maintain thebalance between right and power as well as keep to the principle. After all the principlesclarified, we need to put forward some conceptions of the system construction, whichinvolves two ways. One is to complete the media supervision, and the other is toconsummate the judicial operation, which are crucial to achieve the benign cooperationbetween the media supervision and fair justice.The conclusion part makes a review of five parts discussed in main body. In a word,this paper aims to seek the balance between the media supervision and judicialoperation so that each of them can perform its own functions. In that way, the benigncooperation between the media supervision and fair justice can be achieved at last.
Keywords/Search Tags:the media supervision, judicial impartiality, the research of legal issues
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