On Freedom Of The Press And Judicial Independence From The Perspective Of The Madrid Code

In today's society,the media industry is developing rapidly,and freedom of the press has become a universally recognized right in the international community,which is of great significance to judicial trials.Freedom of the press and independence of the judiciary are important manifestations of protecting human rights,and are conducive to the realization of judicial public and justice,and ultimately to maintain judicial authority.The judiciary shall make independent decisions while respecting news supervision,and the freedom of news supervision cannot be exercised beyond necessary limits.The issue of the relationship between the press and the independence of the judiciary also exists in the international community.Therefore,jurists and media representatives from 23 countries met in Madrid,Spain,and subsequently established the Madrid Guidelines on the Relationship between the Judiciary and the Media.(Hereinafter referred to as the "Madrid Guidelines")This guideline fully protects the freedom of the media and places fewer restrictions.At the same time,the media and the judiciary are regulated at different stages: they can be divided into the pre-trial stage of the confidentiality and publication of relevant information by the judiciary,the provision of judicial disclosure and media restrictions during the trial,the media review rights after the trial,and the general implementation strategy.In practice,in order to attract public attention,news media often use exaggerated terms to report a tendency to be unjust;report and comment on moral standards based on subjective will before obtaining objective facts;in addition,the media extend its tentacles to the law disallowed cases.These phenomena are caused by the different orientations of the news media and the judiciary,the lack of legal regulations on press freedom,and the lack of openness of judicial trials.When the court restricts the media's right to freedom,it often restricts it excessively due to work needs or the pursuit of justice in the case.However,it cannot be said that there is an irreconcilable contradiction,and it is precisely because of the conflict that a scientific plan needs to be formulated to resolve it.Due to the non-governmental or inter-state standards of the Madrid Guidelines,China has not joined the document,but it is of great inspiration and reference for resolving the relationship between press freedom and judicial independence in China.Based on this,this article intends to put forward suggestions for coordinating the relationship between the two in the vision of the Madrid Guidelines.This article believes that to improve the system of the relationship between freedom of the press and the independence of the judiciary,we must first formulate and improve relevant laws and regulations,especially the promulgation of China's News Law as soon as possible.First,while establishing the basic principles of protecting the freedom of the press,necessary restrictions should be imposed on it,the legal responsibility for misreporting by the news media should be clarified,and judges should be accepted to handle media affairs.Second,at the news media level,it is necessary to improve the internal rules and regulations of the news media.By establishing norms for media professional ethics,journalists are required to enhance legal awareness,respect independent judicial trials,and provide objective and true reporting.Third,at the level of judicial organs,it is necessary to improve the judicial management mechanism.The courts should strengthen judicial openness and improve the system of spokespersons.