Deviation And Unification Of Freedom Of Speech And Fair Trial

Freedom of speech and fair trial are of great importance in the value system of theConstitution. Theoretically speaking, these two are unified and mutually promoted. However,due to imperfection of related laws and regulations, freedom of speech and fair trial maysometimes conflict with each other because different value orientation of different subjects.As society changes and develops, citizens begin to give more awareness of their rights, andtend to pay more attention to jurisdiction and trials. As a result, even the trial becomesinfluenced by the citizens’ speech. How to set an appropriate position of freedom of speechand fair trial in our legal system and well coordinate the relationship of the two have becomeimportant issues in both academic and practice. Only when the relationship of the two isperfectly dealt with, can a democratic society be founded in which speeches can regulatepower and trail can guarantee rights.In order to build a harmonious interaction mechanism of freedom of speech and fair trial,a legal system must be founded in which rules and regulation can provide a reasonablearrangement of the two values and well control their conflicts. A harmonious interactionmechanism could reflect the concepts of democracy and rule-by-law, because citizeninvolvement and trial regulation are two most spectacular trends in modern democracy, while a more public and equitable trial is the goal of judicial reform. Therefore, to strike a balancebetween freedom of speech and fair trial and to build an interaction system is an inevitableprocess of our legal system. This mechanism is not just a pursuit of value, but also effectivelyhelps to realize the rights of freely speech and make the trial supervised by public opinion.Moreover, this mechanism is able to maintain the independence and authority of judicialactivities and achieves the ultimate goals of judicial reform. It is an necessary choice forjudicial reform to establish such a mechanism which complies with the democracy trendsaround the world.Except introduction and conclusion, this article can be divided into four parts:The first part of this article is mainly about the case and related questions. Throughdiscussing the typical case of Li Changkui, the author raises the controversial issue of therelationship of freedom of speech and fair trial.The second part of this article is theoretical research on relations between freedom ofspeech and fair trial. At the beginning of this part, the author tries to give a clear definition ofthe value of freedom of speech and fair trial, and then he illustrates the relationship of mutualcoordinating and promoting between them. Lastly, the author concludes that freedom ofspeech and fair trial are essentially unified after his detailed analysis.The third part of this article mainly analyzes the deviation of theory and practice offreedom of speech and fair trial in the Li Changkui case. In this part the author attempts to offer a systematic demonstration of the deviation and its cause, pointing out that undueexecution of freedom of speech would be harmful for justice.The fourth part of this article provides suggestions of establishing a harmoniousinteraction system of freedom of speech and fair trial. In this part the author first exploresrelated laws and regulations abroad, and then he tries to find an appropriate positioning offreedom of speech and fair trial under our legal system. Then the author conveys his own ideaof establish a sound interaction system of these two and conflicting rule mechanism.