The Conflicts Between Public Reporting And Public Trial And How To Apply To Legal Regulation

At present, the building of a harmonious society has become the consensus of all the people nationwide. the CPC Central Committee General Secretary and State President Hu Jintao summed up the basic characteristics of a harmonious socialist society from the six aspects, that is Democracy and the rule of law, fairness and justice, integrity and affection, vitality, stability and order, harmony between man and nature. Justice and public opinion of the media for the harmonious development of society has a very important influence and significance, which also become an important subject for researchers. Although the relationship between the judiciary and the media is very important, but its research in China is still at an initial stage and there are still many to be deepening. The paper will elaborate on this subject by using literature, case, the comparative study of the methods and the results of previous studies to carefully analyze the course of justice on the request of a public trial. First of all, the paper will illustrate that the public trail is the pursuit of justice. Justice which has a great significance for social harmony is the basic requirements of building a democratic society ruled by law. Public trial is the key to realize the justice. Secondly, the paper will analyze the current situation of the public trail system, problems of public trail in judicial practice from the legal basis for a public trial, and to give some advice for improving our public trial system. Thirdly, the paper will state the necessity of strengthening the supervision of news media from the basis of detailed performance and reasons of our miscarriage of justice. The supervision of news media is a necessary condition for realizing justice. To carefully analyze the coordination and conflict on public report and open trail will find out: the public reporting has a completely coherent goal with the pursuit of public trail, which is the pursuit of justice. The latter are as follows: improper reporting of adverse effects on public trial. In more specific way, public reporting by media ignored the characteristics and laws of justice, resulting in the "media trial". The judicial misconduct case reporting and commenting by media impact the independence of the judiciary, justice criticism by media impact the judiciary authority. Lastly, the paper will give the methods of legal regulation between public reporting and public trail: the paper will summarize the relevant legal system and its evolution from some developed countries such as Britain, the United States, Japan, Germany, and then define the rights and obligations of public reporting by media in China, such as recessive interview, the issue of the trial of a live television; the media do not convict the case before the verdict; The media should respect proceeding rights of litigant participant in the exercise of acting right rights; Balance reporting, and not act as a spokesperson for either party. Media should have special concerns for some groups involved in the case; Media should not report confidential issues in details; Other comments made by my views as well.