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The Judicial Independence And The Medium Supervision

Posted on:2017-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:X B DongFull Text:PDF
GTID:2296330485481961Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Due to the introduction of market system in our country,the media industry system reform as follows.The scope of the media itself expands unceasingly, it requires much more in political and judicial.As we know, judicial activities are different from general social activities, judicial paly the referee’s role, which requires judicial to avoid interference from outside forces.It leads the rights of the news media and judicial authority to produce more and more conflicts.But these two can’t depart from the support of each other, judicial need to use the power of the news media in order to achieve the goal of judicial justice.The news media needsupervisethe judicial activities, realize the value of the freedom of expression.Judicial independence is prescribed in the constitution directly in our country.Judicial independence refers to the judicial power independently operated by the judicial organs,judicial-authority only obey the laws, based onfactsandtakelawasthecriterion, in accordance with the constitution and the law, accurately apply the law, without any interferences from other factors. Supervisiontake advantage of the methods like accountability, audit, budget, final accounts, impeachment, review property declaration, forcing all kinds of power under the control of the respective standard.Media coverageis a kind of social supervision. The media supervision is refers to the public through newspapers, magazines, radio, television and other waysexpress their own views, opinions and comments at any time, these social problems receive the public supervision, and in order to solve the problem.Different from the mandatory supervision, themedia supervision is a kind offlexible supervision.lt has the general characteristics of the normal social supervision, but it also has its own unique characteristics, especially on timeliness.It can respond to the social hot spot timely, to ensure that supervision is punctuality.This essay is mainly divided into three chapters.The first part is the preface part,it discusses the reasons and backgrounds of the conflicts between media supervision and judicial independence, and based on the research status and research resultssummarize of the news media supervision and judicial independence.The second part is the mainly part,it is divided into four sections.The first section regards the concept of judicial independence and media supervision. The second section analysis the present situation and existing problems regard to the media supervision and the judicial, in order to find the reasons why these two conflict.The third section is a reference of the international practice, in the selection of the representative of the common law countries like the United States and continental law system country(region) like Japan, Germany, besides Taiwan of China.The fourth section is aimed at establish an equilibrium relationship between the judicial independence and media supervision. The third part is the conclusion part.It is based on the current situation of our country to make reasonable forecast on the future development of the two.Freedom of expression and judicial independence are fundamental value of the modern democratic countries. When we solve the conflict of these two, we must maintain their independence respectively, at the same time we should also keep their reasonable limitation. Than we seek a balance between these two so that achieve better governance.
Keywords/Search Tags:judicial independence, media supervision, system, rule of law
PDF Full Text Request
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