Relationship Of Supervision By Press And Independence Of Adjudication

The influence of the media is constantly expanding in the social and political life now. It is known as the fouth power that is independent of legislative, executive and judicial powers in the west. In china, the media is an expression of a series of constitutional rights such as right of civil liberty and right of criticism and suggestion, and is given the duty of superver to the things about public interests. Therefore, the right of media can also be seen as a constitutional right.However, we have to admit that the conflict relationship between supervision by press and independence of adjudication is increasing. To some extent, supervision by press underline the independence of adjudication. Therefore, the scholar begin a series of discussions and studies. How do supervision by press underline independence of adjudication? What relationship do they have? The beginning of the thesis is two typical case. The next firstly, we make an introduction of relationship between supervision by press and independence of adjudication, and then reviews the related researches about relationship between them at home and abroad. Lastly, the thesis discuss the cause and problems of relationship between supervision by press and independence of adjudication. Relevant researches and conclusions inject fresh blood into the theory about supervision by press and independence of adjudication in China, and provide some policy advices for promotion and harmony existence of supervision by press and independence of adjudication in judiciary practice.There are five chapters in this dissertation. The first chapter bring forward this issue. Through the review of two typical instances, we draw forth the core theme of study. The core theme is the discussion of specific relationship between supervision by press and independence of adjudication. The second chapter reviews the related researches about relationship between supervision by press and independence of adjudication. It introduces conception and significance of independence of adjudication, law attribution of supervision by press and the necessity of supervise to the trial activities. At last, we make a judge aboute relationship between supervision by press and independence of adjudication.The last three chapters are the key sections in this paper. The details are as follows: The third one is divided into two parts. Part 1 detailedly analyses the relationship between supervision by press and independence of adjudication in Continental Law. Part 2 discusses the relationship between them in British & US Law.The fourth one procees from the domestic legislation, and present a detailed analysis about actual state of the relationship between supervision by press and independence of adjudication in China, and make a study of causes and realistic problems of relationship between them. The fifth one elaborates theoretical contributions, and brings up some policy suggestions simultaneously, and makes research prospect in the end. Based on above-mentioned discussion, we can realize that confliction and opposition between supervision by press and independence of adjudication is inevitable, but at the same time, as we know, the press has often been treated as a assistant of trial process. Therefore, it is considerably important that the media engages in adjudicate activities. Supervision by press can halt the prantice favoritism and promote judicial fairness. Supervision by press and independence of adjudication is contradictory unity.