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Media’s Negative Influences On Judicature And Corresponding Regulatory Measures

Posted on:2016-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:H X LiFull Text:PDF
GTID:2296330461467731Subject:Civil and Commercial Law
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Media and judicature are two activities in a modern country and they both function well in their own professional fields. As the last defence of the social equity and justice, judicature’s principle of independence which asks the jurisdiction to be exercised independently by the judicial authorities rejects the disturbance from the media naturally. However, absolute power corrupts absolutely and the principle of judicial independence doesn’t mean the judicature will not be supervised and restrained. The media which derives from the public will is a kind of supervision as well as a way for people to release their opinion freely. The media stands for people’s will and their voices in some extent, so the supervision from the media to the judicature means the supervision from people, and it can promote the judicial publicity and ensure the judicial justice. So, in the relationship between judicature and media, judicature is independent from the media while it is also influenced by the media.The main subject of the paper is media’s negative influences on judicature and corresponding regulatory measures, and the context is organized by 3 levels:the reason why the media can affects the judicature, the fields in which the judicature can be affected and the legal measures how to regulate the negative influences. The paper quotes many characteristic American cases to show the relationship between the media and the judicature and also analyzes lot of local cases to serve as a contrast. The American cases include:"Shepherd v. Florida,1951", "New York Times Co. v. Sullivan,1964", "Sheppard v. Maxwell,1966", "People of the State of California v. Laurence Powell, Timothy E. Wind, Theodore Briseno and Stacey C. Koon,1992", and so on. The Chinese cases include:"Zhang Jinzhu case", "Tang Hui case", "Li Tianyi case" etc.Then the writer establishes a jurisprudential model about conflicts between the rights, tries to explain why the media can affect the judicature negatively and then discusses the measures how to mitigate or regulate the negative influences. From the writer’s opinion, there are 4 subjects of right in the relationship between the media and the judicature. They are media and citizens who give the media support of public will, judicial authorities including courts, judges and jurors, parties in the proceeding and some other state powers which can affect the judicature. The conflicts come when rights meet. So, the reason why the media can affect the judicature is that some subjects in the relationship between media and judicature enlarge the range of their rights which squeeze the space of other subjects’rights. According to that, the main task to mitigate or regulate the negative influences is to rebalance the rights between all subjects, and then make them two live in peace. So it can boost the progress of China’s building a characterized country ruled by law.In the preface of the paper, two foreign cases are presented to show the facts that media’s right of free expression is protected by law but the media can also take some negative influences on the judicature.In the first part of the paper, the writer explains 5 reasons which are the basses to study the negative influences from media why the media can influence the judicature. They are the support of the public will from the civil society, open trial system’s demands, the solution of socialized conflicts among the citizens, the needs to know about the legal information by the citizens and the special relationship between the media and judicature which is supposed to be embedded in the power system in China.In the second part of the paper, basing on the theory of the limitation of the media itself, the writer comes up with 3 levels in which the media can affects the judicature. They are judicial independence, judicial equity and justice, judicial prestige which can all be affected by the media.In the third part of the paper, the writer comes up with 3 legal measures to regulate the negative influences according to the different subjects in the relationship between the judicature and the media. They are:the legal measures to regulate the media and people, to regulate the judicature and to regulate the national power forces. The 2 formers which are called "the limited legal measures" are based on the legal protection of the right of free expression. The latter should be forbidden completely because it brings the most serious harm to the judicature.In the part of the conclusion, the writer points out that although the media brings lots of negative influences on the judicature, they two don’t stand on the opposite sides. Judicature needs the supervision from the media, and the legal measures to regulate the negative influences are precondition to make the two get along with each other peacefully and then realize the justice mostly.
Keywords/Search Tags:media, judicature, negative influences, equity and justice
PDF Full Text Request
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