The Reserch On China’s News Supervision Of Public Opinion And The Judicial Fair Balance Mechanism

Judicial activities open to the media and accept the supervision of the media is one of the symbols ofjustice. News media supervision is a double-edged sword， however， it is promoting the judicial justice atthe same time， but also harm the independence of judiciary， sometimes even hindered the realization ofjudicial justice. This paper under the background of judicial reform is how to realize judicial justice in thenews supervision of public opinion and seek a balance between， the four chapters to discuss：The first chapter in this paper， the judicial justice and the basic theory of news supervision by publicopinion. This chapter in two parts： the first part from the perspective of judicial reform to realize judicialjustice of concrete requirements and their implementation situation， starting from the implementation pathof procedural justice and substantive justice，examines the influence of the existing the crux of the justice，which one is the lack of effective supervision and restriction mechanism. Second， the court itself lack ofindependence. The second part， from the perspective of the news public opinion supervision and relatedbasic theory， through the analysis of the concept and characteristics of news supervision by public opinionleads with the relations between the realization of justice.The second chapter discusses the conflict between news supervision by public opinion and judicialjustice. This chapter on the basis of entity justice and procedure justice to realize the important meaning ofjudicial justice from two parts： the first part from the conflict between news supervision by public opinionand procedural fairness performance， due to the lack of news can follow the laws， regulations， and themedia and the judicial organs in the news supervision of public opinion and judicial independence withouta necessary consensus on the issue， lead to the friction and disputes between them. The second part fromthe conflict between news supervision by public opinion and entity justice， the news media supervision bypressure on the power department and the social public opinion to the judicial organs to indirectly influencethe outcome of the case， under the social pressure of public opinion makes trial results inevitably have anegative effect.Third chapter in the news supervision of public opinion and the judicial fair conflict now turn thisbasis， further analysis the cause of the conflict between them. From four angles of this chapter to discuss：the first part see the conflict between them， from the value of the method through the relationship ofjustice and freedom， order to find where the paradox is reflected in both. Part2from differenceadjustment category， points out that the essence of which is the reason for the conflict right and thejudicial power of supervision caused by conflict， the conflict between citizens’s perverse. The third part ofthe judicial activity and the difference of news public opinion supervision and the inherent attributes， andpoints out the differences in run mode， the target and failure. The fourth part focuses on the analysis of existing problems from the news public opinion supervision system， and points out that the conflict lays.The fourth chapter is analysis of conflict is put forward on the basis of the balance mechanism in thenews supervision of public opinion and the judicial fair suggestion. To explore this chapter in three parts：the first part discusses to establish judicial authority and the news media the necessity of balancemechanism；it is the objective requirement of realizing judicial justice at the present stage. The second partis to establish the equilibrium mechanism of the concrete Suggestions， that is， from establish andimprove the news public opinion supervision and legislation， perfecting the judicial organs and theinteractive mechanism between the media and to strengthen the construction of law and press professionalthree aspects， and take active measures to can give full play to their role as the media of the judicialsupervision， guarantee the citizens’ right to know and to supervise， and to promote public justice，safeguard judicial independence， freedom of the press and the harmony of justice value.