The Theory Of The Relationship Of Media Supervision And Judicial Trial In China

The judicial independence and the media supervision are two essential elements of the modern democracy and the rule of law.Judicial independence, judicial as a modern country under the rule of law for the basic legal principle, its meaning is refers to the judicial power to exercise independently by the judicial organ, judicial organs exercise jurisdiction only obey the law, strict application of the provisions of the Constitution and the law, without interference and influence by other than law, any other individuals or organizations. The independence of the judiciary includes the independence of the judiciary.Media supervision means the public through newspapers, magazines, radio and television, such as carrier of judicial field events, facts or phenomena, express their views, comments or remarks, let these facts, events or activities subject to public observation and supervision, caused by the society and people, to meet the public’s right to know. Especially in recent years, since the emergence of “We media”, the media supervision toward more refined and civilians in the direction of development, everyone can become the release of information. As a result, it’s got a huge amount of information the public receives, gradually expand the scope, some media machine structure to Bo people eyeball, and even the eye in the judicial field. As a result, the media and judicial inevitably to conflict.China’s media and judicial just is too independent and relatively weak position, behind the media and the judiciary have administrative rights more or less and intervention, in such a situation, relative balance also belongs to the unified leadership, the contradiction between them is inevitable, we should be committed to the transformation of the conflict to the benign development of the two.This paper on the media supervision and judicial independence, judicial justice, judicial authority and the rights of the citizens and conflict of in-depth study, combined with case analysis, from the theoretical level and practical level analysis of conflict and comprehensive foreign processing aspects of the problem of the inspection, and in accordance with international norms of media supervision and judicial regulations, there are some suggestions to balance each other: one as soon as possible to improve the relevant legislation; the second is the judicial organs to make full use of their right to speak; the third is to media supervision agencies to strengthen self-discipline.