The Precaution And Legal Regulating Of Media Improper Intervention In Judicature

The root cause of media's improper involvement in judicial activities is that the current judicial activities cannot fully meet the people's pursuit of fairness and justice.In general,people cannot maintain pure objectivity and rationality,so they will have conflicts with the evaluation of judicial activities when facing social affairs.In addition,the current media industry has undergone great changes,and the media environment of pursuing profit first drives many media to make use of the contradiction between the public and judicial organs to gain attention and gain benefits for themselves,which directly or indirectly affects the normal operation of judicial activities.Apart from the impact of the media environment,the differences between the attributes of media and judicial organs,the rapid rise of network media and other factors have led to the phenomenon of media improper intervention in the judiciary intensified,which has had an immeasurable adverse impact on judicial activities.Therefore,to break through the problem of the media's improper intervention in the judiciary,we should first analyze the media,the current judicial situation in China and the meaning of improper intervention.In the contemporary era,new media has developed rapidly and penetrated into every aspect of our life and work,so its influence is bound to permeate into the public and judicial organs.With the deepening of China's judicial reform,China's judicial system is becoming increasingly perfect and the integrity of judicial activities is strengthened.Therefore,the media's influence on judicial activities is not only reflected in judicial adjudication,but more likely to involve investigation activities,law enforcement activities and other links as well as other subjects such as administrative organs and power organs.So when we analyze the problem of media's improper intervention in judicial activities,we should not stick to the stereotyped understanding of judicial activities or separate them mechanically.Finally,we need a definition of improper intervention so that we can distinguish between proper supervision and improper intervention.After defining the boundary of improper intervention,we should summarize the specific manifestations of media's improper intervention.The emergence of the media's improper involvement in judicial activities is often due to the media's dissemination of improper information,prejudging cases,inciting public opinion to affect the judicial process,improper comments on the effective judgment,improper reports on the execution of the judgment and other factors affecting the normal operation of judicial activities,thus harming the impartiality of judicial activities,the independence of judicial trial,the authority of laws and regulations,and ultimately causing resistance to the process of China's rule of law.In recent years,it is not uncommon for the media to get involved in the judicial work improperly.Cases such as "Yueqing didi car case","Kunshan anti-murder case" and "Liaocheng degrading mother case" all reflect the negative influence of the media on the judicial work from different perspectives.However,it is these typical cases that help us clarify the interactive process between media and judicial activities,to make us aware of the consequences of media interference in judicial activities.When exploring the reasons for the media's improper intervention in the judicial system,from the principal part analysis,we can summarize the reasons for the media's improper intervention in the judiciary as follows: the media's malicious guidance,the judicial organs are tired of dealing with the pressure from public opinion.First of all,from the perspective of system,new media is different from traditional media and has not been fully controlled and regulated.From the perspective of legislation,China has not yet set up a complete news law in the field of news communication,which makes the right of press freedom easy to be trampled,and also makes the media abuse its right of press freedom on the grounds of "freedom of speech".In addition,new media gradually become the main force of information dissemination,constantly weakening the power of discourse of traditional media,which forces many traditional media to do whatever it takes to survive.This series of factors finally led to the media in order to pursue the click-through rate,attention derived economic benefits,in disregard of facts and laws,deliberately guide public opinion and public opinion to the wrong direction.Secondly,with the advancement of the popularization of law in China and the deepening of judicial reform,the judicial organs are faced with heavy tasks and great pressure,which makes them unable to cope with marginal affairs,and finally small problems become big one.In the early stage of promoting the rule of law,the judicial organs did not realize the opportunities and challenges brought by the new media to the rule of law,so they may perfunctorily or improperly deal with such incidents.Combined with the huge workload and the judicial personnel quality is uneven,could easily lead to the judicial work was flawed.These flaws are often exploited and amplified by the media,further exacerbating public doubts about judicial activities.Finally,contemporary public and public opinion has also changed,making it easier for public opinion to exert pressure on judicial activities.The interaction of traditional media is poor,and the public is more to accept and understand information,and with the development of new media and electronic technology,the public can not only accept information,but also express opinions on information,feedback problems,which provides conditions for the rapid accumulation of public opinion.And the public accept the information under the new media is more and more fragmented,too busy to no time make deep analysis to understand,so the public can easily in the case of not understood,inadequate agitate,and this is out of control of public opinion will return through new media in the public domain.This repeated,make public opinion fermentation,and eventually lead to public opinion out of control.After the detailed analysis of the specific manifestations and causes of media's improper intervention in the judicial system,the prevention and regulation of media's improper intervention in the judicial system should be started from three levels.The first level is the media improper intervention in the judicial law regulation,for the moment,in addition to further perfect the existing laws and regulations,more need to set up a press law to clear the rights and obligations of the media,can achieve timely protection and accountability.The second level is to promote the construction of relevant mechanisms,so as to prevent the development and expansion of improper public opinions and timely stifle the improper intervention of media at the begining.The third level is to improve the quality and ability of the subject.When the media,the public and the relevant judicial organs can abide by the professional ethics and legal norms,it can prevent the occurrence of improper intervention of the media in the judiciary from the root and prevent the occurrence of an emergency.