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Study On The Broadcast Of Trial

Posted on:2017-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:N ZhengFull Text:PDF
GTID:2296330488952004Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The principle of public trial is a rule of judicial philosophy generally followed by the modern country, with the enhancement of public awareness of rights, the traditional method of public trial can’t completely meet the requirements of the public supervision and judicial activities. Meanwhile, with the development of science and technology, the wide application of network media, broadcast of trial as a new form of public trial came into being. The improvement and development of the broadcast of trail plays an important role in implementing the principle of open trial, expanding citizens’ right to know and participate the trail, strengthening the social supervision of judicial activities, making a tangible way to realize justice, promoting judicial justice and safeguarding judicial authority. The paper will analyze and discuss the development of broadcast of trial and the problems in practice, and put forward the corresponding suggestion, in order to make the broadcast of the trial can really promote open trial and the realization of judicial justice.The first part introduces the characteristics and development process of the broadcast of the trial in western countries. It can be found that the broadcast of trial experienced a process from the absolute prohibition to the relatively open in foreign countries. Nowadays mostly countries from all over the world are making a preliminary attempt and exploration on it.The second part analyzes the positive value and value conflict of the broadcast of trial. As a new form of open trial, the broadcast of trial undoubtedly has a unique advantage and positive value than the traditional open trial in promoting the development and perfection of public trial, protecting the public’s right to realize the procedural justice, enhancing the judicial credibility and authority. But everything has two sides, the broadcast of trial also has a negative value, such as the parties will be completely exposed in the media and the public. It will violate the privacy of the parties and even affect the process of the right to acquire a fair trial, at the same time, the power of public opinion may affect the judge’s independent jurisdiction.The third part mainly discusses the situation and development of broadcast of trial in China, and some dispute on it by some scholars, and the specific problems in judicial practice. Such as the scope of the cases of broadcast of trial is not clear, the information of the cases is incomplete, the decision mechanism of live cases is not perfect, the relief mechanism to the litigant’s rights is blank.The fourth part will put forward some related suggestions on the broadcast of trial, in order to make the broadcast of trial in judicial practice can be better.As a new thing, the broadcast of trial still exists many disputes and problems, the legislation is not perfect in judicial practice, and the operability is not strong. The paper hopes to analyze the issues related to the broadcast of trial and put forward corresponding suggestions, in order to make the broadcast of trial to improve and achieve the promotion of public trial and judicial justice.
Keywords/Search Tags:trial live, public trial, judicial justice, right protection
PDF Full Text Request
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