The Study On Name Conceal Of Person Involved In Crime In Criminal Case Reporting

With the development of social economy, the media has played a significant effect onevery aspect of our lives. Because of the importance of cases, the dramatic outcome, and theexciting criminal progress, criminal cases has became the hot points and focus reported bygeneral media. The person involved in crime (hereinafter referred as “involved person”), as amajor part of criminal report, inevitably grasps much more media’s attention, and beingreported deeply. However, due to lack of the regulation theory and organized system, somereports have the illegal behavior of violating the legitimate interests of involved person. Thispaper demonstrates the advantages and characteristics of other countries’ reporting restrictionson involved person’s name by analyzing the current situation of Chinese reports on involvedperson’s name, and aims at developing the Chinese conceal regulation of criminal involvedperson’s name, in order to administrate the mess of illegal reporting on criminal involvedperson’s name.This paper is divided into the following four parts:Part Ⅰ: The reason why study on the issue of involved person’s name reported by media.The issue of reporting involved person’s name, though, has attracted Chinese scholars’attention and warm debates, the media still has many improper behaviors of reportinginvolved person’s name due to lack of the relevant regulations. These improper behaviors notonly violate the presumption of innocence and the judicial justice, but also invade thelegitimate interests of involved person.Part Ⅱ: This part illustrates other countries’ reporting restrictions, which rules clearlywhether the media has the permission to report involved person’s name in investigationprocess, trial process and after the trial. In UK, the media mustn’t report the involved person’sname in investigation process, but has the permission to report it in and after trial. In Germany,in order to protect the suspect’s human right and praise the presumption of innocence, themedia mustn’t report involved person’s name before the final trial, but has the permission toreport the real name of criminal’s name after final trial. In US, in order to protect the freedomof press and public rights to information, the media can report the involved person’s namethrough whole trial. Then, this paper looks for the suitable regulation system through othercountries’ experiences which worth learning by analyzing the advantages and disadvantages of other countries’ reporting restrictions.Part Ⅲ: The regulations of special criminal involved person’s name. This part introducesother countries’ reporting regulations that whether the media has the permission to report theinvolved person’s name, and when they can report it, especially for the person who is juvenileor public figures. According to UK’s law, the media mustn’t report the name of juvenileinvolved in crime, but can report the public figures’ name as do to the normal person.According to Germany law, the reporting of criminal juvenile’s name is forbidden, except thesituation that the juvenile is a public figure. And according to US’s law, because there is noprior restraint for the press, but the limitation for public figure’s some rights, the media canreport juvenile’s name and public figure’ s name through whole trial, except in investigationprogress. Meanwhile, this part briefly illustrates the current situation of Chinese reporting onjuvenile’s name and public figure’s name, and analyses the problems showed in the reportingprocess.Part Ⅳ: The thoughts of developing Chinese conceal regulation of criminal involvedperson’s name. First, this paper analyses the importance of media’s reports on involvedperson’s name, which is keep the balance between maintaining the public rights to beinformed, the presumption of innocence, the need of against crime and protecting the right ofspecial subject and the supervision to them. Second, this part points out the way how Chinesemedia report involved person’s name. In the investigation process, except the public figures,the media should anonymously report suspect’s name. In trial, the media can makedefendant’s name known to public in its reports. After trail, for involved person’s sake and forbetter resocialization, the media mustn’t report the involved person’s name. At last, this partdemonstrates the practical strategies of reporting involved person’s name. For one thing, theChinese conceal regulation system of involved person’s name should be developed to havethe media complied with the regulation. Then, the Chinese reporting restriction should bedeveloped for reducing the violations to involved person’s legitimate rights when the mediareports illegally. For the other thing, the Chinese accountability system of reporting involvedperson’s name should be developed for supporting the person involved in crime protect his orher own legitimate rights.