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Judicial Responses To Media Supervision

Posted on:2014-11-03Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2256330422454491Subject:Law
Abstract/Summary:PDF Full Text Request
Media supervision exerts great impacts on judicial activities, of whichthe negative ones are the harmful influences on the independence of judicialpower, fair trail and the judicial authority. It’s essential to take methods torelieve the intensive relationship between them. By comparison, somecountries restrict the media rights while others create a comfortableenvironment to media or make judicature perfected. We should be toleranttowards media not only because of the promotion of media on judicialpublicity, public supervision and propagation of rule of law but also otherreasons. First of all, media rights originate from the freedom of speech whichshould be protected because it’s a fundamental human right and is found inthe constitution of almost all countries and international law. Secondly, mediaexerts a miner influence to judicature in civil law countries than in commonlaw ones. Last but not least, by studying Marxist dialectics, the key point is toimprove judicature rather than restrict media rights. The reason why mediaconflicts with judicature, which leads to more feasible solution, is the difference between power and right, nomocracy and democracy and judicialcredit crisis. We should construct a judicial open system by making specificregulations in trial live system, trail hearing system and clarification ofjudgment. Court system has to be reformed by avoiding localization ofjudicature, regulating the supervision of the Party and the People’s Congressand the relationship between superior and inferior court. We should overcomethe negative effects of administration and hierarchization of judgemanagement to enhance the independence of court and judge. The quality ofjudges should be raised and their speech be regulated. In order to make thejudgment more acceptable the public opinion should be adopted in trail.
Keywords/Search Tags:judicial justice, judicial publicity, judicial independence, media supervision
PDF Full Text Request
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