Research On Media Supervision Of Criminal Trial

Trial by media phenomenon not uncommon, and it has produced many major cases of involvement of the media, public opinion towards a certain degree heat on the affected persons a fair trial, the phenomenon is particularly evident in a criminal trial. In this paper, Chang Gaping and Chang Hue drag racing case of miscarriage of justice cases and start thinking leads to positive and negative effects of media monitoring criminal trial pair. On the one hand, from the media intervention can effectively prevent the judge capricious and arbitrary behavior, giving the defendant and the prosecutor can get an equal countervailing force to mobilize and inspire a sense of civic participation and effective maintenance of the Constitution gives citizens the right to know, in favor of the rule of law it describes several aspects of building an active role in the supervision of the media. On the other hand, excessive intervention by the media damages the authority and independence of the legal, against the legitimate rights and interests of the national collective.By analyzing theses and others to explain why the media can not be tried. Finally, from the perspective of both judiciary and the media causes we can find solutions of these adverse effects of program analysis. But the media supervision will have an impact on the judicial personnel, from these parts to analyze the negative effects of media supervision. Under surrounded by the media, news reports will contact the judicial personnel inevitably, is likely to cause judicial injustice, this issue mainly from the outside pressure and their own subjective understanding to explain separately.The media is involved in a criminal trial is too deep to infringe the legitimate rights and interests, mainly because of misplaced the role of the media, the media is not well aware of its function, the commercial lead to excessive to the audience oriented mode of operation, with the in-depth reports are likely to harm the rights and interests of the people at that time. The process of news writing itself is not precise enough, the lack of practical investigation beforehand; and lack of careful consideration is another reason of infringement. Part of the media practitioners’lack of occupation moral, deliberately mining the privacy of others, before the trial, legal awareness has led to the media supervision tort. On the judicial authority, information disclosure is not timely and the attitude of rejecting the media caused the media too deeply in, on the indirect level.In view of the above reasons, the media should correct positioning,improve media worker occupation accomplishment, starts from themselves, use of the right of free speech properly. From the outside, the news propagation method established is crucial, it constraints and guides the behavior of media workers,and can promote the media supervision toward formal. Not only emphasizes the attitude of the media workers should change conflict to accept, reject change to take advantage of. But also provides a solution for the judiciary in handling relations with the media. For example, the establishment of the spokesman system or the use of print media, television, Internet and other mass media announced positive trial-related information to the media without leaving room for speculation. And require judicial organ published information to comprehensive real.Therefore,media should only reports real events in the process of the original, not involved in the trial, and not subjective, distort the facts in order to draw attention and comment. Mass media should avoid "media trial". By monitoring the media to promote a more equitable criminal justice and reduce the incidence of miscarriages of justice, triggering the true value of public media scrutiny of rational thinking is the purpose.