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Symbiosis of media supervision and judicial independence

Author: LiuJianJun From: www.yourpaper.net Posted: 2009-11-27 16:07:22 Read:
[Abstract] as the maintenance of two kinds of common social justice, media and judicial effect to be obvious to people to promote social development.But high in the Democratic voice of the times, the relationship between the two is "raging zombies", a tendency to be irreconcilable opposed to.The author starts with the social function of two person perspective, exploring the roots of the conflict, based on this analysis, propose solutions, let the two symbiotic, continue to play its due role.
[keyword] media supervision and judicial independence conflict resolution mechanism of

The social function of
A, media and judicature

(a) the social function of
media
Modern media originated in the west.At the beginning of the birth of modern media, its basic function is to disseminate information.With the development of the capitalist mode of production began to appear, with democratic sprout, media supervision of public opinion of the value function can be established by the constitution, and becomes a powerful tool for supervision of legislative power, judicial power and administrative power.
(two) the social function of
justice
As a kind of power, judicial power is far less than the legislative and executive power.Therefore, in order to play its due effect, must enhance its "hardness", so that eventually led to the independence of the judiciary.

Two, the media and the judicial unity / >
The freedom of the press and judicial justice are two basic value and operation principle of a modern democratic society, reflects the basic requirements of democracy and the rule of law, it is also the foundation of constitutional government.The ultimate goal of media and justice is the pursuit of social fairness and justice, human rights.While in the west, the two also jointly charged with limiting spreads unchecked administrative mission, so two is a unity of natural.In our country, as the dominant ideology dissemination media and as the state machine the administration of justice is the mainstream political system tool, plays an important role in maintaining the social rule.Unity between media and judicature in our country is mainly manifested in the following aspects: first, whether the news supervision of public opinion or the administration of justice is the pursuit of objective truth as the goal; second, the final value of judicial and public opinion is the pursuit of social fairness and justice; third, the judicial activities and news supervision of public opinion is to rely on credibility has vitality.

Three, the media and the judicial conflict performance

(a) the media supervision of the judicial guidance loss leads to the principle of judicial independence was destroyed and
China's current judicial independence and dignity is in the process of formation of the strong pressure of public opinion, however, makes the judicial independence under many should not bear.
(two) "media trial" seriously affected the judicial justice
"Media trial" phenomenon is the mass media of judicial intervention is one of the most outstanding.In this case, if the judgment and public opinion to draw further apart court, judicial organs will face great pressure, but if consistent judgment of the court and the public opinion, how also can let a person feel the judicial organ is at media voices, no matter what the situation, it is of our judicial independence indifference and trample.Infringing upon the citizen's right to a fair trial compared to the media, the common people are vulnerable side, let alone "criticized" the suspect?

Four, the media and the judicial conflict causes

(a) the media supervision and the judicial independence of the internal
conflict
1 media and the court on the "real" the definition is not identical to the
The legal truth is often defined as "beyond a reasonable doubt standard".While the media that the real news standards also exist phenomenon of "truth" and "physical reality" of the struggle.Error of this "authenticity" understanding leads to conflict may.
Operation of the timeliness and the judicial 2 media inconsistent
Justice is in the program under the strict constraints, and the media, the real and the novel became its life.If things do not have the time, then in the fierce market competition, the media will be difficult to survive.Because of this, in the actual operation of the media accused the judiciary from time to time, ignoring the efficiency of procrastination and justice to blame the media don't respect program, random supervision of friction.
Tendency 3 reported by the media and judicial activities of the neutrality of the conflict between
(two) the media supervision and judicial independence.
conflict
1 media and justice in the design under different system conflict
Since our country does not have a press law, not the development of media into the legal orbit.In the absence of a set of perfect legal system of news, media began to become "way", "the".At this time, the independence of the media and judicial supervision function will produce the conflict.
Conflict
in different standard of the 2 media and justice in the face of cases
As previously mentioned, the ultimate goal of existence of media and justice to social equity and justice.But such a deeply influenced by Confucian traditional culture affected countries in China, ethical standards will certainly has more advantages, which makes the moral evaluation standard "offside" of the suspects, compress the legal standard of living space, causing the imbalance of social balance.
3 media and justice in different operation mechanism under
the conflict
Despite public opinion about judicial ruling is dangerous.Once the news in order to attract readers and speculation cases, sensational effect created by the resonance will constitute a great pressure on the judicial activities of the judicial independence, it is difficult to survive; the news timeliness principle requires that news reports should be fast, timely, and the process and procedures of judicial activities has a strong special, be inopportune or inappropriate reporting may produce negative influence on judicial justice.Five, media supervision and judicial independence symbiosis mechanism to resolve

As the social rule, maintenance of the two basic tools of social fairness and justice, the media and the judiciary have the same ultimate goal.And this determines the two are not fundamental, unresolved conflicts, but some can be reconciled and the elimination of small friction.I try from the responsible government, media self-discipline and judicial tolerance of these three angles to analysis of the two "as" two, in order to better fusion, as the building society better do what little one can to help.
(a) the government responsibility: make "news law" as soon as possible, the law of
Since the reform and opening up, China's media from the advanced experience of Western media in development, was a great success, but the current media is in the bottleneck period, all kinds of habits emerge in an endless stream, crudely made, confuse the public.Therefore, the "news law" promulgated and homeopathy."Press law" through the rights and obligations clear media workers, time, scope and the way of clear media judicial intervention, to resolve the current media chaos, straightening out relations between media and justice.
(two)
media self-discipline
1 uphold the professional spirit, adhere to the principle of press
True, accurate, objective, speak with facts is a basic principle of the news media supervision and rational.On this basis, the relevant practitioners must have a clear positioning, good "gatekeeper" and "gatekeeper" role.
2 adhere to the news occupation morals and
At any time, the news media shall be published and broadcast to the judicial personnel have personal attacks or humiliation the contents of the report or comment, in order to protect the judicial personnel's dignity.If the decision is in the social cause controversy, the media comments should be careful not to provoke public law, judges and a distrust of the court.
3, strengthen self-discipline, supervision according to law and
Self-discipline is not the supervision and restriction of the media itself, but in order to make the media more wide and free space.The news media should strengthen self-monitoring, self-discipline, strengthen self-discipline, can really take the party and the people to the mission, exercise the right of supervision in the hands of the true, the promotion of justice.
(three) the judicial tolerance of
1 judicial supervision of media should be given full legal protection of
No judicial independence can become news reports and refuse of judicial supervision, the more cannot be excluded the public judge judicial excuse.Because the news media supervision is a double-edged sword, while the right of supervision of the press is the legitimate exercise of justice, will undoubtedly have a positive influence on the judicial.Tolerance of news media comment, rational treatment of supervision and criticism, is the performance of judicial mature.
2
The news spokesman system. Establish, publish relevant information
With the "Regulations on open government information" the promulgation and the news spokesman system gradually mature, China's administrative system in the public's right to know the satisfaction has been quite successful.Also belong to the public authorities, judicial authorities can use the set of practices of administrative system.
3 to establish a "gag" system may cause a violent reaction to the public's case, can follow the United States limit the practice, by the court to issue a gag order, limited public case information contact.Can say, the gag order is to deal with the relationship between media and justice, an effective way to protect the legitimate rights and interests of the parties, but only on the basis of empirical on proper application.
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