Study On The Relationship Between The News Supervision Of Public Pinion And Thecriminal Trial

From" rule a country" to" rule of law" strategy changes,people’s legal idea and consciousness also increase gradually, the national public affairs and participate in the management of claim is becoming more and more intense. Judicial right is a respect of the national public rights, belongs to the social supervision. Along with the rapid spread of the mass media, media reports involved in all aspects of social life, media reports of criminal cases, especially major criminal cases is become more and more attention. Although, they believe that the criminal trial is an important channel to realize social justice, however, the criminal trial of unexpected variability is more likely to disappear from the scene, just don’t exist. The vast majority of the people wish to affect the realization by expressing their views and suggestions on the judicial operation directly to achieve the so-called fairness and justice value in their mind.The relation of unity of opposites present because of many factors:on the one hand, the news public opinion supervision challenged the conscience of the criminal trials directly, their value goals are both to realize the value of fairness andjustice, the news public opinion produced positive effect in a certain extent, on the other hand, as a result of the news supervision of public opinion has its own characteristics, essence, operation mode and the lack of legal restriction, led to the practice of the news supervision of public opinion on the criminal justice have a negative impact, affecting the neutrality of the court and justice. Therefore, analysising the causes of the conflict and building reasonable system to realize the harmony between the two. This paper is divided into five parts.The first part, introducing the news supervision of public opinion’s meaning, characteristic and function in the criminal trial, the news supervision of public opinion is an importmant channel to meet the public right of supervision, it is necessary to known as the news supervision of public opinion of connotation and characteristics.The second part, introducing the news supervision of public opinion and the related basic criminal trial principle. For example, the open trial, the independence of the judiciary, the principle of the presumption of innocence and the basic principles.The third part, introducing the relationship between the news supervision of public opinion and the criminal trial. The news supervision of public opinion have two effects on the criminal trial, that is positive effect and negative effect exist at the same time.The fourth part, introducing the foreign legislation and practice. Familiar with international human rights documents of the relevant provisions,elaborated with emphasis the Anglo-American law system and continental law system practice and experience. By other’s faults, wise men correct their own, draw lessons from foreign successful experience paradigm can do important reference for legislation in our country.The fifth part, existing legislation between the news supervision of public opinion and the criminal justice in our country, to solve the problem are proposed through perfecting legislation and constructing relevant system to achieve coordinated development of the news supervision of public opinion and the criminal justice.The sixth part, Thinking about the relationship between the news supervision of public opinion and the Criminal Jurisprudence in China.