The Necessity Of Establishing The Crime Of Media Impairing Trial In Criminal Law

In the modern society, the media is seemed as the "Forth Power" which is following the law-making power、the executive power and the judicial authority. In fact, the media has an important performance of avoiding power-abusing and has an important significance of satisfying our right to learn the truth. However, some improper reports of media have a negative effect on the fair trail of the court, as a result, the court cannot maintain neutrality when it confronts the powerful public voice. As a matter of fact, the reporting is the embodiment of the freedom of expression which is seemed as the most important right. The conflict between the media and the trail reflects the contradiction of the right of the freedom of expression and the principle of judicial independence. In the presence of the conflict, the measure seemed inevitable. The right of the freedom of expression, under the circumstances, cannot deny the principle of judicial independence all the time. Because of the possibility of the tyranny of the public in a democratic society and the possibility of the fact that the right of the freedom of expression may become the tool of putting the tyranny into practice, the principle of judicial independence must be preserved. From this point, the article researches the behavior of improper reporting of the media. This article can be divided into three parts:The first part outlines the reasons of the fact that why the criminal law should increase the crime of the media impairing the trail. That increasing the accusation is conducive to balance the function of legal interest and the protection of human rights, fill the vacancy of the criminal legislation and contain the growth in the improper reporting.The second part investigates the foreign legislative situation at length. From the enforcement of lien, most of common law system countries and some continental law system countries have rules of contempt of court.The third part discusses how to set the crime of the media impairing trail in detail. First, define the formulation of the crime of the media impairing trail. Second, analyze the constitutive elements of a crime, and point out that the object of the crime is the normal operation of the criminal proceedings, the crime objective aspect is the behavior which is impairing the criminal proceedings, the subject of the crime is the media and the subjective aspect of crime is intention.