Judicial Guarantee Of Media Supervisory Power In News Reputation Infringement Litigation

Judicial reform is a key link of legal modernization,and democracy and justice are eternal goals.In order to conform to the trend of judicial reform and effectively respond to the reality of low judicial credibility,this paper takes the right of media supervision as the research object,explores the judicial protection of media supervision in reputation infringement litigation from the perspective of the people s jury system,carries out theoretical care and optimizes technique of the people s jury system.News media criticize public power and be prosecuted for reputation infringement.The core issue is the contradiction between the media supervision right and the imbalance of the protection of natural person s reputation right.Supervisory reporting is liable to bear adverse litigation consequences,which brings "uneasiness"and even "chilling cicada effect" for the media to exercise their rights properly.This aggravates the urgency of fair trial of disputes over the right of reputation of news.Firstly,this paper uses case analysis method to select 26 typical cases with state organs and their public officials as plaintiffs in about 500 cases of news reputation infringement heard by the people's courts in recent ten years.In the analysis of judicial judgments,this paper focuses on the balance of power in disputes over the right to reputation of the press,the status quo of judicial protection of media supervision and remedies.The paper finds that there is an imbalance between the protection of reputation right and the protection of supervision right in the dispute of new reputation infringement,and the absence of the people' s jury system is not conducive to the media exemption;the judicial protection of media supervision right with constitutional attribute is in a weak position compared with the protection of reputation right in civil law,and there is no feasible and reasonable relief path.Secondly,through the use of value balance method,starting with the special value of the people's jury system,this paper finds that the people's jury system has a positive effect on rational investigation of media tort liability.The concrete manifestations are as follows:the"middleman standard" of the people's jurors has a positive effect on the impartial evaluation of damaged reputation;the"three perspectives"are related to the tolerance of criticism;the people's jurors system can eliminate the malpractice of burden of proof and alleviate judicial interference.In addition,this paper argues that the people's jury system can be rationally optimized from the following perspectives:First,to regulate the judicial blind area.The People's Jury System should be introduced in the trial of reputation infringement involving public reports;Consummating the procedural justice of the People's Juror System.Secondly,to design the mechanism of the people's juror system.Restructuring the rights and obligations of jurors;Implementing the system of tort expression list;Popularizing the standard of espressing"expected possibility "in speech;Establishing specialized agencies to manage jury files of public-related cases.