Under The Constitutional Perspective Of Study On The Relationship Between The Freedom Of The Press And Judicial Independence

The media and the justice are two essential active systems in the modern social life, closely related to each other. With the strengthening of the adjustment of justice to social life and the animating of media activities, justice and media are operated well and they show the complicated relationship at the same time. The court said that the media involvement in judicial judgment hinders the judicial independence; while the media argues that without intervention of justice, people’s right to know and freedom of speech will not be able to work well, suspicion and rumor will thus find their way to spread which is conducive to establishing judicial authority.The relationship between media and justice essentially reflects the relationship of two basic values:freedom of the press and judicial independence. Because mainly through the form of press free the media realize people’s right to know, freedom of speech, despite the freedom sometimes have interference on the independence of the trial; the nature of justice calls for the judicial fairness, the premises of which is judicial independence. While the essence of judicial independence requires exclude any form of interference, including media. So the conflicts between the media and the administration of justice are on the large part conflicts between the freedom of the press and the judicial independence. Among them, the freedom of the press is latent extension of basic constitutional rights and the important foundation for democracy. Judicial independence is an integral part of the requirement to implement the legal regulations. Democracy and the rule of law are the basis and essence of the constitutional State, therefore the freedom of press and the judicial independence indispensably are the constitutional country’s basic value, thus a study on the relationship between the two from the perspective of constitutionalism has a political and legal significance.Compared with the situation in China more researches on the freedom of the press and the judicial independence are conducted in western countries, and they have gained significant results. Although this is really a hot topic in society and research in our country in recent years, the theoretical results are still not satisfactory as to guide the acts in practice. Therefore, continue to dig into the relationship between press freedom and judicial independence, is of important theoretical and practical significance in the present. This paper is intended to take the perspective of constitutionalism, by examining the value implication of press freedom and judicial independence, and dialectically to analysis the relationship between the two opposites, finally in grasping the reality of the situation, based on the experience abroad, make a targeted system designed to alleviate conflict relationship between the two.This structure is divided into five parts. The introduction elaborates the background, significance and theoretical points of the theory research, then understanding and description of the constitutionalism, which laid the foundation of this theory. The first chapter has interpreted the value of press freedom and judicial independence from the perspective of constitutionalism:press freedom is one of democratic foundation for the constitutional state; judicial independence is essence of rule of law for a constitutional country. The value analysis in this chapter has laid theoretical foundation for investigating the relationship between the two. The second chapter analyzes the relation between press freedom and judicial independence from the legal perspective; there are both natural unity and natural opposition between them. The third chapter from theoretically to practically, through introducing the typical case, mainly analyzes the existing problems and the reason between the press freedom and the judicial independence in our country. The fourth chapter envisages a social system based on the needs of the coordination of the reality conflict. This chapter first describes the practice in other countries by the legal text analysis, and then proceeds to make a scheme for coordinating the conflict between the press freedom and judicial independence in our country, from establishing scientific concept to constructing reasonable system. Finally, the author summarizes the article and draws a conclusion.In short, I think that both press freedom and judicial independence are the fundamental value appeal for the constitutional government, and are also the important guarantee for the realization of human rights. Therefore attention should be attached to protecting them, and the stance of these two elements should be kept on mutual respect. Accordingly, resolving conflicts between them should not only rely on legal norms, but also on their professional integrity and moral constraints. Smoothing the relation between press freedom and judicial independence has great theoretical and practical significance to maintain and promote the democratic legal system, thus to gradually realize of social justice to the maximum, it is also the meaning of harmonious socialist society.