A Study On The Lawyer’s Right To Communicate In New Media Environment

With quick development and comprehensive application of the Internet, China’s social structure has significantly changed. Micro-blog and wechat have been popular in sharing news. The lawyer delivers information about the case by micro-blog and wechat, causing enormous impact in the real society. This paper take new media as perspective to investigate the basis and value of the lawyer’s right to communicate. On the basis of analyzing the current situation and dilemma of the lawyer’s right to communicate, I will put forward some suggestions on how to regulate it.The right of access to mass media and right to communicate are two important concepts, when we are talking about the lawyer’s right to communicate. Using multiple forms of media to spread is the necessary requirement of guarantee citizens’ freedom of speech. Comparing with the right to defend, consensus supervision right and the freedom of network expression, we can clear and definite the conception of the lawyer’s right to communicate. It has a unique value on driving system transformation, supervising judicial power and promoting the lawyer marketing.The development of the lawyer’s right to communicate can not do without new media. It was born in new media environment and reconstructed the spread of voice with the aid of new media’s virtuality and interactivity. New media empowerment is the practice foundation of the lawyer’s right to communicate. It has experienced three development stages. As a result of the tool rationality and value rationality conflicts, the development of the lawyer’s right to communicate has been seriously restricted.Through the sample analysis of 20 highly active lawyers on micro-blog, we found that lawyer group can follow media development trend and use it to help themselves. The lawyer’s social status and influence are also profoundly determine its influence on the Internet. Criminal defense lawyers are more active, to compare with other lawyers group on new media platform. With the example of the lawyer’s communication behavior in Li’s case, we can clarify the border of the lawyer’s right to communicate.From the concept of regulation, we will establish rules that we should follow on the process of regulating the lawyer’s right to communicate. By learning the experience of western countries, we find the model in line with the actual situation. Under the precondition of ensuring the lawyer’s right to free speech, we should reduce the speech disturbance to the trial as far as possible. From two aspects of system construction and moral construction, governing lawyers speech out of court.