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Research On Freedom Of Speech Under New Media Environment

Posted on:2015-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:X Y TangFull Text:PDF
GTID:2296330431961271Subject:Constitution and Administrative Law
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New Media is the emerging communication media different from the traditional one, featured with abundant contents and types, multiple rendering channels, strong interaction with the general public and high coverage rate. Overdone is worse than undone. If there are no regulations on freedom of speech of the media to exercise their power in a powerful and proper manner, then challenges are inevitably brought out to judicial adjudication while vast information are provided through legal publicity. E.g. it is true that the Internet legal publicity can expand the influence, however judicial credibility may be affected with any carelessness. Then how to follow the law of media coverage while stick to the judicial rationality in the New Media time is a pressing problem that judicial adjudication faces, which is worth of in-depth exploring.Based on the theoretical basis of the constitution on freedom of speech of the media, from the perspective of the influence of judicial adjudication on media coverage, teasing out the current classic criminal cases, the symbiotic contradiction between media supervision and Independent Judicial Authority in the New Media time is introduced in this paper. Through careful analysis on the balance and conflicts between them, based on the practical experiences and reference to the fairly mature legislation of foreign and international organizations, a benign interaction consistent with their national circumstances between media and justice is established. Four parts are included in this paper. Firstly, the constitutional theory of the maternal concept-freedom of speech is teased out to seek for the theoretical basis of freedom of speech of the media. Secondly, the constitutional position of freedom of speech of the media, its value as a basic constitutional right, what speeches is abuse of power and how to regulate the right in a powerful and proper manner are explained. Thirdly, with reference to mature practical legislation experiences of Britain and the United States of America, based on the real situation, the national conditions and the legislative status quo, a benign interaction with Chinese features between media and legislation is explored. At present, there is no press law to regulate the limitation of media’s judicial supervision and many defects exist in the press coverage of most of the media. Some suggestions against these shortcomings are put forward at the final part of the paper, so as to make a little contribution to a better realization of the common value of judicial education of "trying to make people feel justice and fairness in each judicial case".
Keywords/Search Tags:New Media, Freedom of Speech, Judicial Independence, Independent Judicial Authority
PDF Full Text Request
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