On Legal Guarantee Of Media Supervision

The Media’s Right of Supervision (the Right),"the forth power" in western world, is one of the most important form of human rights. On the basis of the experience of developed countries, we all know about that the full development on the Right would tremendously push and promote the constructing the law-based society and the establishment of the law-based government in China. But unfortunately, some unacceptable problems have tremendously strangled the exercising of the Right in China, such as the illegal infringements by the national public power and the abuses of the Right by Mass Media or its staffs. Hence, for the sake of full and better development of the Media’s Right of Supervision, we should take some actions to make the Right can be well exercised in China. In author’s humble opinion the most important action is that we should enact the media’s right into laws.This article is composed of four parts. In the first part, the author is willing to expound her attitude on the definition of the Media’s Right of Supervision and to tell its nature. On the basis of the definition set forth herein, the author believes that the Media’s Right of Supervision should be deemed as a kind of Public Power as well as one of Human Rights.Via taking some examples and based on the outcome of case-research, the author in second part lists the main problems strangled the exercising of the Right. The author firmly believes that in China, the Media’s Right of Supervision cannot be well exercised even be killed unless we can settle the problems such as the infringement against the Right by National Public Power and the abuse of the Right by Mass Media or its staffs. This aforesaid is the main content of the second and third parts.In the last part of this article, in order to better protect the exercising of the Media’s right of Supervision in China, the author hereby believes and firmly suggests that we should take actions to enact the right into laws, and the actions suggested herein include but not limited to much more theoretical research, further constitutional protection and legal protection, punishment the conduct of the abuses of and the violations against the right, establishment of the self-regulated system.