The Relationship Between The Media Supervision And Judicial Justice

The relationship between the media supervision and judicial justice in judicial circles,the media has been a hot topic. Media supervision is the public participation in socialdemocracy, constitutional freedom of speech, criticized the external manifestation of the rightof suggestion, a logo is the social progress. The media supervision on open, naturaluniversality of its own, in the realization of curb judicial corruption, illegal crime, plays animportant role in purifying the social atmosphere. But everything goes too far, must mastercertain degrees, otherwise it would run counter to one’s desire, media supervision is noexception.The Thirteenth National Congress of the party to the media supervision as thegovernment supervision, the judicial authority and the society " fourth rights ", the rights ofthe party and the government of great concern, at the same time, the media supervision hasbecome the public a way of exercising the right of supervision, supervision of the government,the judicial. However, because our country is not yet a complete security media rights, medialaw, plus some media workers for the pursuit of high profits, fault location, too muchintervention of judicial activities, backseat driver on the normal judicial process, the mediasupervision into " media intervention ", the judicial evolved into " trial by media ", which hasseriously damaged is the independence of the judiciary, affect the impartiality of the judiciary,which hindered the process of rule of law in the whole society. Points out that the principle ofMarx ’s philosophy, any contradiction is the law of the unity of opposites, the key is how tocontrol the relationship between the opposition and unification, in order to promote therealization of social benefit maximization. Similarly, between media supervision and judicialjustice is the opposition and unification relations, media supervision is not only conducive tocurb judicial corruption, promoting the judicial justice, but also conducive to the maintenanceof judicial authority, to accelerate the realization of the process of the socialist rule of law. Butif the media too much intervention of judicial activities, would run counter to one’s desire,will affect the normal judicial procedures, damage the judicial authority, legal systemconstruction and may even prevent the whole society. The conflict between the two is mainlymanifested in the public in the face of unfair treatment, to choose to resort to law or to appeal to the media, expect to obtain more equitable treatment. This embarrassing situation is thereflection of the relationship between media supervision and judicial activities in China is stillin the running-in period, their respective disadvantages remain to be solved, especially for thecurrently existing a lot of not perfect, not perfect, irregularities, leading to weak supervision,supervision and supervision and sluggish cannot. The author between the media supervisionand judicial justice conflict and balance are analyzed, and based on the legislation and thepractice experience of other countries, international organizations and other advanced on thenecessity, of media intervention of judicial activities put forward reasonable suggestions, inorder to promote the realization of the value of fairness and justice of society. This paperconsists of three parts.The first part: analysis of the media supervision and judicial justice theory. First of all,respectively, on the media supervision and judicial justice for a brief overview of mediasupervision, the necessity for a brief analysis of judicial justice; secondly, discuss therelationship between the media supervision and judicial justice, and separately from the mediasupervision and public trial, judicial independence, judicial justice three aspects, between thetwo and the uniformity of interpretation conflict.The second part: Conflict and reason analysis of media supervision and judicial justice.First introduce the moral judgment and the legal trial, timeliness and the lag of conflictbetween, lay the theoretical foundation for the analysis of the causes of the conflict betweenmedia supervision and judicial justice. Secondly, based on the existing problems from themedia supervision, media supervision and judicial independence, the standard of networkmedia on judicial three aspects influences back the media supervision and judicial justiceconflict between the.The third part: the reasonable construction of the media supervision and judicial justice.First introduced the legislation and practice of foreign countries and internationalorganizations on between the media supervision and the judicial fair and reasonableconstruction; introduces the successful experiences in this issue of the United States, Britain,Germany, the international convention, International Conference and other countries andinternational organizations; starting next in view of the actual situation in our country,construction of the relationship between the media supervision and judicial justice and harmony mainly take the following measures: to perfect the legal restraint mechanism ofmedia supervision of our country, agree two party in the conflict; according to thecharacteristic of network media the supervision elements, seeking a balance mechanismbetween network media supervision and judicial justice; by changing the way it treats thenews media ’s attitude, implement the principle of open trial, between improvement of judgesand judicial protection of realization of the news supervision of public opinion and thejudicial fair balance.