On The Limit Of Media Supervision Of Justice

In recent years,with the in-depth implementation of the basic strategy of governing the country according to law,great progress has been made in the construction of the rule of law,the people's legal consciousness has been generally improved,and the most important link of the legal operation,namely judicial justice has given more attentions,and put forward higher requirements for judicial openness.Therefore,as a "sounder" of public opinion and an effective mechanism of external supervision of public power,it is more and more common for media to intervene in the judicial field to carry out news reporting and to realize the supervision of public opinion.For the supervision of public opinion,Constitution of the People's Republic of China has clearly given the legal basis,and limit it to be carried out within a reasonable scope.That is to say,in order to libel or false crime,it is actually fabricating or distorting the facts.At the same time,however,the reform of judicial responsibility system in our country is progressing steadily,‘let the referee and the referee be responsible' determines the judge to have the final decision in the case trial,and assumes the lifelong responsibility to the misjudged cases,this means that the judge must guarantee the judicial independence in the case trial process,free from the outside random interference.‘Let the masses in each case all feel fair and justice',this is the media supervision and judicial justice common goal,but in the actual situation,the contradiction between media supervision and judicial independence becomes more intense with the increase of the media trial phenomenon,This directly led more scholars to rethink whether the media supervision should be restricted in the judicial field,and even began to question the judicial power should not accept the supervision of media.In this conflict,this paper aims to expound the view that media supervision can promote judicial justice more effectively through three parts,and make suggestions on how to make media supervision more reasonable.The first part analyzes the free value of the expression of public opinion and the independent exercise of the judicial power.To affirm the common value pursuit between the two,and thus to determine the existence of a mutual integration of the survival basis;the second part is to distinguish the essential attribute of media trials and media supervision by analyzing the degree of media involvement in Judicature and media role offside.Therefore,the main factors influencing judicial independence and judicial justice are the existence of media trials,not the existence of media supervision.The third part is to determine the rationality of media supervision to judicial power by analyzing the rationality of media's supervision on public authority.Based on this,this paper further proposes how the media should supervise the judicial power under the premise of guaranteeing the independence of judiciary,and thus promote the realization of judicial justice.