Research On The Operation Mechanism And Regulatory Path Of Media Trial In The Law Field

"Media trials" are often a hot and novel topic,but there are many problems with existing researches on media trials and implication on rule of law.There is an urgent need to deepen relevant research.For this purpose,the paper mainly studies from the following parts:The introduction briefly introduces the research status of media trial,including domestic,foreign,journalism and communication field,and jurisprudential field.The first part points out the problems of media trials of definition,redefines the media trial from a macro perspective.Based on this new definition,Bourdieu's Field Theory is adopted as theoretical framework.The "Field","Habitus" and "Capital" in the field theory correspond to the "Space","Logic" and "Tool" in practice.These three concepts can fully interpret the operation mechanism of the public opinion in the law field after the media incites the public opinion.The second part is to explore the reasons for media trials from the macro,micro and essence levels.The third part is to explore the influence mode and influence path of media trial.From the "Prosecution","Defense" and "Judge" of criminal procedure law,this paper analyzes the operation mechanism of the public opinion in the law field.Through the analysis of the media trial under the legal framework,it makes up for the vacancy of the research on the media trial in the jurisprudential field to some extent,and analyzes the topic of media trial from a novel perspective.The fourth part is to judge the value of the media trial and analyze the pros and cons of this phenomenon.Through the anatomy of the media trial,and based on the characteristics of the field of struggle and internal work division,the regulatory measures for the media trial are finally proposed in the fifth part——build a New Field which includes multiple parties.Through the orderly "struggle" of the parties in the new field to transfer the pressure point of public opinion.Accordingly,achieving the purpose of limiting the negative impact of the media trial and continuing to play its positive role.The paper analyses and considers the actual situation in China to ensure the feasibility of this measure.