Font Size: a A A

Media Supervision And Judicial Justice Conflict And Balance

Posted on:2014-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:J Y LiuFull Text:PDF
GTID:2246330395993340Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In recent years, media development, the speed is amazing, and the resultingmedia monitoring is also really make people relish the almost daily reports on judicialactivities baked, which also reflects the media supervision and justiceconflict andbalance. There was a contradiction between media monitoring to ensure judicialfairness does play an extremely important role, however, the media watchdog, after all,pros and cons, how it reflected, either to protect the freedom of the press, but also tomaintain the administration of justice, this issue needs to be carefully explored.Since the mid-1980s to the present, the role of the media monitoring all aspectsof life in our society has been gradually enhanced. Generally start with the practice ofmedia monitoring and how to further enhance and improve media monitoringmechanisms, to enable them to better maximize its effectiveness, has become a hottopic of theoretical research now, it seems, the development of the press law isimminent. Media monitoring as an important right of journalists, is not free to abuse,must be exercised within the scope of the law. Thus, in order to achieve the mediawatchdog normal, healthy, long-term, in-depth development. The purview of themedia monitoring should be legal constraints, safeguard the legitimate rights and interests of the news media workers resolutely resist other organs and units ofinterference and obstruction of the behavior of the media monitoring. Second, thesupervisory power of the media regulation, to ensure that it does not exceed the limitsprescribed by the Constitution and laws, to suppress the abuse of the right of themedia watchdog, the judicial activities steadily. Sound legal environment in China, itis necessary to mobilize all positive factors to promote the development of the legalsystem, including media monitoring with the administration of justice, and deal withthe relationship between the two becomes particularly important, which is in recentyears explore the hot topics.This article specifically, from the following aspects to both conflict and balance.First, the theoretical analysis of media oversight and judicial justice. The connotationof media supervision with the course of justice both reveal the relationship of mediasupervision on the necessity of the administration of justice; through the analysis ofthe relationship of media supervision of the administration of justice, to clarify mediamonitoring and open trial and the independence of the judiciary. Secondly, the focuson analysis of the conflict and the reasons for media supervision of the administrationof justice. Right remedy, in order to propose the appropriate balance between the twoconflicting relationships to achieve positive interaction countermeasures, and to find ways to achieve harmony and unity of the media monitoring the course of justice both.Finally, summarize how reasonable to build media monitoring and the administrationof justice harmonious relationship. Change the way of thinking through the expositionof the first two issues and foreign legislation and practice of the law department, totalk about how to build a harmonious relationship with China’s media monitoring andthe administration of justice, to establish a set of legally binding mechanism betweenthe media and the judicial balancing mechanism and interaction mechanism in abenign platform, thereby enabling both to achieve harmony and unity.Conflict with the balance of media supervision of the administration of justice isseen as a worldwide problem. Due to the special circumstances of the rule of law,unquestionable, into judicial reform, the boycott of judicial corruption, the media hasplayed a positive role in oversight. At the same time, we must also see the relationshipbetween the media and the judiciary is also more complex, far rationalize the conflictbetween the two has become one of the hot issues of the legal community. In China,on the one hand, as a "mouthpiece" of the party and the government, the news media,one of the tasks is the judicial supervision of public opinion; On the other hand, inorder to improve the image of judicial decision-makers in the public eye, their ownsocial credibility would be enhanced They also actively use a variety of methods to make increased judicial transparency, open and welcoming attitude of the variousforms of social supervision. Media monitoring and the administration of justice in therelationship, how to do a good job, and to promote social justice and equitabledevelopment, which is the need to deal with the problem of a theory and practice.Is one of the most critical areas in today’s constitutional relationship of mediasupervision of the administration of justice, no matter in which country, mediamonitoring and the administration of justice reasonable run there is always a verycomplex relationship. The close relationship between two specific social forces, boththe media and the judicial. Judicial process contain or display of the content and thejudicial process itself showed irritation, this attractive permanent for the media interms of media focus of attention is one of the facts and issues of judicial practice.However, because of the lack of basic consensus of the two sides and specification, inaddition to jointly promote the process of democracy and the rule of law and socialistcollaboration level, both also showed a lot of diversity, but also is still in a veryunstable state. This writing, and strive to find a balance in theory and practice, themedia and the judicial benign interaction, realize the media the effective supervisionof the administration of justice, to achieve double the value of the concept, that thefreedom of the press and the course of justice. If this article can supervise the study of the administration of justice to make modest as our media, and that is the basicmeaning lies.
Keywords/Search Tags:The media supervision, Judicial justice, Legal issues
PDF Full Text Request
Related items