Thinking Media Trial In Jurisprudence

Judicial and media are important factors in the social power system, both opposite and unity between them. Practice has proved that the media supervision is the "double-edged sword", giving full play to promote judicial justice, to realize social equity and justice; But if the play is not good, not only cannot promote the judicial justice, it will damage the independence of the judicature, to reduce the judicial authority.In recent decades, more and more judicial cases by the media has entered our field of vision, on the one hand, the media in the positive exercise their supervision right conferred by the law, supervise the judicial process, safeguard social fairness and justice, to protect the rights of the parties. But on the other hand, media reports are overexposed with serious emotional brought unprecedented pressure to justice, in the face of huge "public opinion", the judiciary had to succumb to the so-called "public opinion", the "Li tianyi case", "Yao jiaxin case", "Zhang jin-zhu case" and other people familiar cases, the media do something as a judge work directly, through various reported the case to the defendant on moral judgment, in order to "reasonable" instead of "jurisprudence", use the public opinion, public opinion to obstruct justice, "media trial" arises at the historic moment.In our country, for the definition of "media trial" is not strict, at the same time, our country the formation process and the reasons of the "media judgment" is different from western countries, its essence is the alienation of media supervision.In recent years, our country have been introduced on 《the people’s court accepts the several provisions of the news media supervision by public opinion 》, news spokesman system and other laws and regulations and system, try to suppress or eliminate the phenomenon of "media trial".This article discusses the "media trial" problem, which is divided into four chapters:Chapter Ⅰ, an overview of the "media trial"."Li Tianyi case" in 2011 caused the media, public opinion and social public widespread debate, now the case is settled, it is not difficult to find that "media trial" phenomenon still exists and has intensified. The so-called "media trial" is a kind of media reports judicial activities is not appropriate for the phenomenon. Now with the advent of new media, "media trial" presents different characteristics. Legal relationship with the media have been controversial. On the one hand, the justice emphasize independence, not bound by the outside world, the independent trial, on the other hand, if the exercise of power without effective supervision mechanism, and is easy to judicial corruption. In China and eighties of the last century, due to the influence of factors such as politics, the media as a tool of class struggle, so "media trial" at the time as commonplace. "Liu Chong case", after "Zhang jin-zhu " case has an element of "media trial", "media trial" has become a problem in today’s judicial have to face.Chapter Ⅱ, the problems existing in the "media trial".The reason of "Media judgment" is there are many conflicts between the news media and the judicial organs in our country. There are many conflicts between judicial power monopoly and media supervision, judicial power to belong to the judicial organs, the cases of judicial power can only be exercised by the court. The law was given to the purpose of the media supervision to supervise the judicial activities, prevent the judicial corruption, judicial injustice. If the media supervision over the limit, it may cause the conflict between judicial power monopoly and media supervision. Second, the conflict between justice and public opinion: the attention to case way almost ancient justice and public opinion is consistent, and both are pursuing the realization of substantial justice, attaches great importance to the moral emotion. With the invasion of western powers in the late Qing Dynasty, the democratic thought was brought into China, the justice and public opinion gradually began to produce conflict, on the one hand is due to differences in the judicial procedural and public opinion, public opinion on the other hand can’t get the judicial recognition. Finally, the conflict between judicial independence and freedom of the press, the media has disruptive to the justice, media is the carrier of social information. Judges wear uniform represents public will, but the interference of outside information, more or less will affect the judge for the case. On public opinion and judicial repellency, due to the court to fear the media coverage can lead to the process of a large "media trial", therefore, judicial have emotions, the media often to maintain "judicial independence", "justice" on the grounds that restrict media coverage.Chapter Ⅲ, causes and harm of "media trial"."Media trial", the reason is that, first, the judicial independence and media supervision natural antagonism: on the one hand, the news media as "the fourth power" in today’s society for the work of supervision and judicial, curb judicial corruption has a strong effect, on the other hand, the judicial work and society need to keep a proper distance and the relatively closed environment, the prosecuting and defending parties in order to judge can listen to the statements, make a fair decision without judgment. Second, between justice and public opinion there are differences in theory and reality. Third, the media characteristic of the living environment, such as the media influenced by commercial interests, administration of justice and the media to intervene. "Media trial" fuzzy legal and moral boundaries, not only can also damage the legitimate rights and interests of the parties.Chapter Ⅳ, the rules of "media trial".For the "media trial" should not blindly go to law, first of all should take a rational thinking to the judicial authority shall media, rather than blindly rejection. Second, there are also many foreign experience can draw lessons from, such as the United States, Britain, Germany, etc. In the rule of law society, to avoid the occurrence of "media trial", not only from the media and the judicial organs for the problem, also need to constantly perfect the judicial system in China. Finally, through a method and sets up the judicial authority.