Rules And Regulations On Trial By Media In New Media Age

With the development of New Media,such as Microblog,We Chat and BBS,the expression channels of the public have been increased to give the public more freedom and autonomy of expression.However,it brings the problem of the abuse of freedom of speech and group polarization.When these problems penetrate into the field of judicial trials,the phenomenon of trial by media comes.Yao Jiaxin's case,Wu Ying's case,Li Changkui's case,Xu ting's case,and so on are very typical cases trialed by media.Trial by media is not only harmful to the independent trial by judge,but also undermines the right of criminal defendant to obtain a fair trial.Therefore,it is necessary to take legal actions to regulate the phenomenon of trial by media in order to achieve the balance between supervision by the public and judicial trial.What characteristics does public opinion transmission have in new media age? By what way public opinion affects judicial trial? How does our country regulate the phenomenon of trial by media and what shortcomings do these measures have? What system and practice can be used for reference abroad? How to improve the legal regulating of trial by media in new media age in our country? This thesis tries to answer these questions.In this thesis,the main research method is literature study,supplemented by the methods of case studies and interdisciplinary research.The method of literature study is looking up the related literature to obtain information and grasp the problems for study comprehensively and correctly according to the research purpose.Read about the existing research results about trial by media,to understand the research development of this phenomenon and find and solve problems on the basis of predecessors' research results.Through case analysis of specific cases such as Yao's case and Wu's case,we can observe the ways voice grabs affecting judicial trial and the influence of trial by media in new media age.This thesis also has an integrated use of the theories,methods and achievements of the two disciplines of Linguistics and Law.This thesis mainly uses the theory of speech power in Linguistics.In the framework of speech power theory,we analyze the problem of speech power distribution and voice grabs strategy.According to the provisions in Constitution,Criminal Law,Tort Law,Criminal Procedure Law about freedom of speech and libel,reputation infringement and the right of the defendant for a fair trial,we will propose the countermeasures to solve the phenomenon of trial by media.The basic idea of this thesis is: Judicial trail has been seriously affected by trial by media with the development of new media which on the one hand has a bad impact on judicial independence and on the other hand is harmful to the right of the defendant for a fair trial.We cannot blindly limit the freedom of speech of the public,because the freedom of speech is not only the fundamental right of citizens,but also an effective guarantee for the development of democratic politics.Therefore,we need to solve the problem of trial by media according to the characteristics of new media.And we need to regulate the phenomenon of trial by media according to the characteristics of public opinion transmission under the new media environment and the competition of speech power in trial by media.First delineate the boundaries of freedom of speech through the legislation of media law to punish tort through new media.Next ensure judge's independence through judicial reform to make the judge face public opinion bravely.Finally,improve the legal ways public opinion going into judicial process to make the expression of public be legal and valid and at the same time ease tensions between public opinion and the judicial.This possible innovation point of this article is a systematic investigation and analysis of the phenomenon of the trial by media in new media age.Specifically,one of the innovation points is the innovation of research angle.The thesis analyzes the way public opinion affecting judicial trial from the perspective of speech power.The development of new media redistributes social speech power,and let the public realize their right through expression.Trial by media is the result of the competition among speech powers.Another innovation point is the innovation of idea.We can solve the problem of trial by media by delineating the boundaries of freedom of speech through the legislation of media law,ensuring judge's independence through judicial reform and improving the legal ways public opinion gonging into judicial process.improving the legal ways public opinion gonging into judicial process includes establishing and improving recognition and access mechanism for public opinion and making an appropriate adjustment of the time public opinion going into judicial process.The thesis is divided into seven parts.The first part is introduction.This part mainly expounds the research background,the value of this research,related research status at home and abroad,the research framework and content and research methods.The second part introduces two typical cases trialed by media.Through analyzing the two typical cases,Yao's case and Wu's case,it reveals that trial by media is harmful to the independent trial by judge and the right of criminal defendant to obtain a fair trial.The third part deeply studies the phenomenon of trial by media in new media age.First clarifies the definition of trial by media and its cause,secondly analyzes the influence of the development of new media on public opinion transmission,and finally analyzes the ways new media public opinion influencing the trial from the point of view of speech power distribution and game.The fourth part analyzes the status quo of legal regulation on trial by media in new media age in our country.By combing our country's Constitution,Laws,Rules,Regulations and judicial interpretation on freedom of speech and the relationship between supervision by public opinion and judicial trial,it concludes the shortcomings of our country's legal regulation on trial by media.The fifth part examines the legal regulation of foreign countries on trial by media in new media age.These measures include delay media coverage,the setting up of contempt of court,the judge group active relationship with the media group and the understanding and support within legal community.The sixth part puts forward the countermeasures for perfecting our country's legal regulation on trial by media in new media age.General principles of regulation are protecting the freedom of speech and reasonable control on speech power.Concrete countermeasures include delineating the boundaries of freedom of speech through the legislation of media law,ensuring judge's independence through judicial reform and improve the legal ways public opinion gonging into judicial process.The seventh part is conclusion.This section summarizes the argument structure of the thesis,and on this basis puts forward that inorder to solve the phenomenon of trial by media self-restraint of media,the public and the judiciary is needed as well as effective communication among them.