Concerning The Cooperation And Conflict Between Judicial And Media

The judicial and media, are two indispensable fundamental elements in the moderndemocratic legal system countries, any of the contemporary legal country must face the valueof the balance between them, the function, and the system settings, it not only embodies ademocratic society’s basic features, and shows the difficulties and problems. The authorconfirms that by the social investigation subject, in legalization process in China, judicial andmedia both cooperate and conflict between the complex relationship, and the judicialauthority and social life are facing extremely profound influence now.As a reaction of civil society life in various aspects, judicial and media are two differentsocial management, their benign relationship in the realization of the value pursuit of socialjustice formed unity, but also embodies the government by law ruled society internalrequirement of judicial authority, therefore, they must be in cooperated and coordinatedrelationships. However, the judicial and media have different respective positions, because ofthat when they exercise the constitutional rights, it may also cause confrontation and conflict,its objective results is detrimental to the judicial authority. With the deepening of the legalprocess in our country, achieve judicial and media their mission, fully and correctly performtheir respective functions are particularly important. For this reason, we must clear theirpositions, and complete the reconstruction of the judicial and media relations in a reasonablesystem framework, and finally achieve the benign interaction.This paper includes the introduction, the text (divided into four parts) and the epilogue.The first part, respectively for a civil enforcement cases and an execution judgesinterview for deep draw, reflect civil enforcement of the present situation with the judicial andmedia in our country through the examples, and points out that cooperation and conflict haveboth existed in the complex relations between them.The second part, explain why the cooperation and conflict relationship exist in theory.The foundation of cooperation between judicial and media is that they both maintain socialbasic elements of rule, and the cause of the conflict is the focus of attention of theirdifferences.The third part, through the work experience of a court, summarizes the relationshipbetween cooperation and conflict in the reflection of judicial authority. Through to theauthority and interpretation of judicial authority, points out that the media and the judicial relations of cooperation should actually meet the authority about "obedience and unity"definition and connotation the objective request of judicial authority, and points out that themedia have positive effects to the court work by "executive deterrence" and "the mediasupervision"; On the other side, In the conflict, media mode of operation and judicialindependence requirements exist obvious gap, which has divided the media and the judicialauthority.The fourth part, this paper expounds the positioning of the media in the judicial activitiesshould be an objective, fair and righteous, and overcome "bureaucratic","morality" way ofreports, spreads rational voice of law in the rule of legal framework. Meanwhile, the judicialorgans should create conditions for media to participate in judicial process, and make effortsto achieve benign interaction between the media and the judicial.Epilogue part, to show the purpose of this article, summarizes this paper and draw theconclusion.