Conflict And Balance Between Media Freedom And Judicial Justice

With the high-speed development of the Internet, media has exerted increasing influence on our social and political life. It not only releases and spreads information, but also plays the role of supervision and operation of state power, preventing the abuse of power, and matching the state agencies. However, the media nature of work requires to seize the audience’s psychology, emphasizing the social sensation effect of news, leading to some media workers to report the news of event, wonders, easy to arouse popular indignation, so it often inevitably results in biased and exaggerated content.On the other hand, Judicial justice is the precondition of judicial independence. In our country, lagging legislation leads to judicial itself with the weak interference of the defects, being influenced from authority and media. Between the freedom of the press and the judicial independence always exists the conflicting institutional structure. When the freedom of the press and the judicial justice have collided, it would inevitably lead to conflict. So how to search for a fair and clear boundary, a reasonable balance between them, to coordinate orderly the ruling within a variety of interests and values of subjects.This is a problem to the country under the rule of law.This article mainly starts with the relationship of freedom of the press and judicial justice, focus on the analysis of conflict and cause between them, to construct a reasonable balance approach, and to make the press freedom can promote judicial justice in the country under the rule of law. This paper is divided into five parts, respectively is:Introduction:starts with the Xu Ting case and Yao Jiaxin case, leads to the influence of the media trial to the judge judicial activities. This chapter describs the argument of this article.The first chapter:by analyzing the relevant concepts of freedom of the press and essence, requirements of judicial fair, defines the scope of this article. This chapter lays the foundation of this paper.Chapter2:expounds the media and the judicial with a consistent pursuit in value, and focuses on the analysis of performance of the conflict of freedom of the press and the judicial justice. The content is interference from the media to the judicial and rejection from the judicial to the media. This chapter expounds the conflicting institutional structure between media and judicial.Chapter3:from the root cause of the conflict between them, starting with the balance principle, establishing balance measures to strengthen the rule of law about news media, judicial independence and judicial justice. Concreting from the media and the judicial to construct, and strengthening the communication of the media and the judicial, thereby seeking for their relative balance.Conclusion:A summary of the full text with deepening the theme.