Trial By Media And Judicial Independence

Today’s society has imperceptibly formed a new public opinion—trial by media. It is a reflection of the media and the public for legal supervision and participation, also, it has a serious impact on the judicial independence and the democratization process of the socialist rule of law. Trial by media originally appeared in European countries, it refers to the media beyond the judicial process to report preemptively on the case. The formation of public opinion has an impact on judicial results. This phenomenon is based on the jury system of the common law system, and in China, trial by media appeared in the 1990 s, Jia Jiang fake case and Zhang Jinzhu traffic accident case had become the focus of controversy accompanied by trial by media system is also being taken seriously judiciary and the media industry.The relationship between the trial by media and the judicial independence has been a concern of many scholars, such as the foreign scholar Henry Miss, Chinese scholars Richard Winter levy, Wang Jun, Xu Xun, they have all done a lot of research on the unity and conflict between the trial by media and the judicial independence. Most scholars of media and judicial hold the negative view to the relationship, they think the trial by media is contrary to the judicial independence and they also propose the idea to balance the relationship between them.This paper studies from the concept of the trial by media and the judicial independence,and both the positive and the negative influence on the relationship between the two aspects,at first it recognizes the unity and the positive value; then it points out the opposition resistance and the negative impact. It does the detailed analysis of some classic cases to study the root causes of the conflict; finally, it proposes some countermeasures of balancing the relationship between the trial by media and the judicial independence, that tries to build a new boundary with harmonious development and equation between the trial by media and the judicial independence.