Research On The Criminal Trial Live Broadcast And Retransmission

Along with the judicial system’s reform and the media technology’s development, thehigh attention of the populace and the media to judicature, the central committee and the localtelevision station carry on more and more programs about the criminal trial live broadcast andretransmission, the network video live broadcast and retransmission, the chart article livebroadcast and retransmission, the micro abundant live broadcast and retransmission, a varietyof patterns of the new media as the carrier of the trail live broadcast continue to emerge.Criminal trail live broadcast and retransmission as the justice of the court trials and open newways has been gradually highlight the advantages and positive meaning, effectively expandingthe scope of open trial to meet the citizens’ right to know, but the criminal trial live broadcastand retransmission system has received certain question in the Western country and ourcountry, like obstructed the trial activities serious and dignified, the impact of the activities ofcriminal participation in human psychology and so on. The criminal trial live broadcast andretransmission on criminal trial judge, defendant, the defenders, the witness will have whateffect? Some scholars point of view, public question whether objective? The range and rulesof criminal trial live broadcast and retransmission，and other related system how to build?These questions urgently await to study, this article utilizes the analysis, the comparison andthe real diagnosis method, attempts to carry on under China social reality background to thecriminal trial live broadcast and retransmission system proves and combs, In order to livebroadcast and retransmission of the criminal court trial system constructing and perfecting thebeneficial.The full text is divided into three parts, totaling40,000words:The first part, overview of the criminal trial live broadcast and retransmission. First,Freedom of the press and the value of judicial justice is the basis for the live broadcast of thecourt trials, their ultimate goal is to equal implementation of the law of value, bear the heavyresponsibility of people’s aspirations for social justice in a democratic society; Media reportmay infringe the independence, impartiality and justice instead to restrict freedom of themedia, they have a certain amount of contradiction. Built on top of the two basic values oftrial live broadcast and retransmission system also has dual properties of the harmony andcontradictions coexisting. Next, as a result of each national judicature system’s difference, the criminal trial live broadcast and retransmission system mainly has three kind of differentlegislative patterns: The opening+exceptional pattern, forbids+the exceptional pattern, theprohibit strictly pattern.The second part，empirical investigation of the criminal trial live broadcast andretransmission. First, the criminal trial live broadcast and retransmission system has receivedcertain question in the territory implementation process, like the influence trial is fair, courtdramatization, public opinion will permeate the court through the criminal trial live broadcastand retransmission system and has the influence to the juror, and so on. Reviews our country,since1999,China first time has carried on the trial live broadcast to the criminal case, somescholars also sends out a criminal trial to live broadcast system misgivings about, such asinfluence judicial independence, the disturbance hearing, difficult to play essence trialfunction, etc. Second, on the criminal trial of live broadcast and retransmission of questions asa starting point, through the questionnaire and interviews of empirical research methods, thisarticle analyzes the live broadcast and retransmission of criminal court trial will bring whatspecific influence to judge, the accused, lawyers and the witness, then explore the reasonablepath of criminal trial live broadcast and retransmission system. Finally based on the realdiagnosis survey result response to the criminal trial live broadcast and retransmissionsystem’s question, and elaborated that the criminal trial live broadcast and retransmissionsystem has the feasibility.The third part, establishing the criminal trial live broadcast and retransmission systemwith Chinese characteristics. This part above the first two parts of foundations, proposed thatto has the Chinese characteristic criminal trial live broadcast and retransmission systemperfect several spot tentative plan. First of all, main modes of China’s criminal trial livebroadcast, including the network video live broadcast and retransmission, the chart article livebroadcast and retransmission, the micro abundant live broadcast and retransmission, thesethree methods have their advantages and disadvantages, and through the analysis of threeways, refined look for reasonable path of criminal trial live broadcast and retransmissionsystem. Second, the "Supreme People’s Court regulations on the live recording andbroadcasting of trial activity " although had stipulated from the reverse side cannot carry onthe criminal live broadcast and retransmission the case scope, but not specifically designatedfor cases of criminal trial live broadcast and retransmission range, this part on the basis ofempirical investigation taking into account influence of live broadcast and retransmission to all participants of criminal procedure, proposed scope cases that can be broadcast live andretransmission. Again, rules of criminal trial live broadcasts and retransmission, current lawprovides criminal trial starts live broadcast and retransmission programs only primary court,started by the superior court for approval of rules, generalization and could result in formalcriminal live broadcast and retransmission system, based on the specific rules of this programis started. At the same time, the criminal trial when live broadcast and retransmission, whichmedia have to follow the rules also needs to make clear specification. Finally, the criminaltrial live broadcast system and to the referee documents public system, sentencingstandardization system formed linkage system, so as to promote the maximization of judicialopen, fair.