Brief Introduction On The Relationship Between Media And Judicature

Media supervision plays an important role in the process of carrying out the social justice. Because of lack of the medium's norm in our country and the interference of media into judicature, the judicature has been affected, the clash between media and judicature has resulted. The relation between media and judicature is complex. Sometimes, media supervision disturbs the judicial independence and fair. This text analyses the conflicts which exist in the reality of media supervision toward judiciary judgment, so that we can realize which measures should be taken. The thesis is divided into five parts.The first part is about the rationality of the media supervision. This part proves at first that about the basic problem of media supervision, including the concept, nature, characteristic. It carries out the positive effect about the media supervision. The media supervise to the judicial activity to be advantageous to maintenance and promote the judicatory fair. The media supervision educates the public be subjected to the legal system; It's advantageous to make up the shortage of judicial in our country.Part two comprehensively analyses the actuality of the media supervision toward judiciary judgment in our country, and place emphasis on the induction about multilayer conflicts existing in the practice of media supervision nowadays. This part mainly analyses from an existent problem and conflicts of the medium and judicatory. Our country media supervision lacks controls, because of no law of news, what kind of case can inspect, when could it begin to report the case, how to requite an etc. There is no concrete in our country. The news legal system construction opposite fall behind, of the judicatory and media lacks the concrete system. The judicial system existence irregularity, the judicial independent mechanism is still not perfect, the judge's independent spirit needs to be grow, as a result, the effect of news public opinion to the judicial is very big. For some reason in our country the people have the higher trust to the medium, in common use medium to solve problem but is not with the law to solve problem. These all cause media taken place the conflict with judicial fair insensibly.The third part analyzed the reasons of the conflicts between media and judicial. We can say that, it's nature to have confliction between judicatory and media supervision. There are three aspects to analyze the conflicts ; The manifestation is different; judicatory and media comprehend "truth" dissimilarity; time requested differently. As for the basic reason of the judicatory, the writer think, our country judicatory could not be independent result in conflict .We research from the system level, judicature independent in our country is not equal with the origin meaning of independence .The judgment activity of the our country have to accept the supervision by procurator. However, procurator is playing another role of being an prosecutor; The judgment can't be independent, many organizations can order the judge; judge have to face a special position; In this kind of system, media with the its public opinion is easy to effect the judgment organization. Part four puts forward the point on how to deal with the relation between media and judicature. The media's supervision must follow certain principles and procedures firstly, just as, presumption of innocence; supporting the judicial authority etc. At the same time, the media need to realize what kind of role it is playing in the process of supervision. The media should be the role of the social direct. In order to coordinate the relationship, media and judicature should have much tolerate and self-discipline. The judicial organ should have an attitude for tolerate to the news public opinion. The media also should hold the fit degree.The fifth part researched some related experience in the United States, England, Germany on handing the media and judicature. On this foundation, we carry out the improvement measure. on the one hand, we should set"News Law", explicit the position of the medium in the law , definite its basic right and duties; on the other hand ,On the other hand, we should think much of our country's actuality and attach more importance to clear up the obstacle resulted from culture tradition. In detail, the thesis suggests to build up news spokesman's system. Finally, this part puts forward the judicature need to strengthen guarantee on media. As both are the approaches of maintaining and advancing social justice, w e should construct a good mutual correlation between media supervision and fair judiciary. We should necessarily study the mature model of solving the paradox of media and judiciary from U.S.A. and other developed countries. We should set up and perfect a secure institution. The same value objective between media and justice is impartial. This is a foundation to balance the relationship between media and judicature. At the same time, we should know. The legal system is the determining factor in order to carry out judicial fairness, the medium is just an outside factor. So coordinating the media supervision and judicial activity is not to limit some right on one side, but should improve the judicial system which existent problem deeply. For a harmonious cooperation of the media supervision and judicature, we should draw lessons from the experience of the world. At the same time, we also should consider the situation which existent in our country.