On The Relationship Between The Court And The Media

From the point of view of the constitution and for the purpose of handling the relationship between the court and the media in a proper way, this paper utilizes the basic theoretical knowledge of the constitution learns from the regulations and measures adopted by western countries in dealing with the said relationship to elaborate on how to balance the relationship between the court and the media from the perspective of the constitutional politics as well as the social reality, to explore and find out the balancing point between the two as well as the specific balancing measures, and to suggest the author's personal ideas on dealing with the relationship between the court and the media. In this way, the author is able to contribute his pygmy effort to the balance of the relationship between the court and the media and to the realization of social stability. The major exposition includes the following parts:Chapter 1:role positioning of the court and media in terms of the constitution. In this chapter, the role positioning of the court and media in terms the theory of the branch of the constitution is carried out. Through analysis, it is concluded that it is the basic requests for establishing a constitutional country that the court exercises the independent judicial authority. It is also a reliable guaranty to safeguard the citizens' rights. Meanwhile, the supervision by public opinion is also an important embodiment of both the democracy and freedom in a constitutional country and a specific reflection in the society in terms of freedom of speech, a basic right. Despite the superficial conflict between the two, in term of the fundamental significance, the court and the media are unified in the value of the constitution, because both of them aim at better safeguarding the rights of citizens and restricting the national power.Chapter 2:inappropriate handling of the relationship between the court and the media in reality affects social society. Proceeding from the reality in China and in combination with specific and typical cases drawing public attention in recent years, two circumstances, namely the frequent occurrence of unjust, false and erroneous cases resulted from the abuse of the judicial authority without media supervision in the course of the trial by the court as well as the interference of the media supervision which affects the independent trial by the court according to the law, are revealed through cases in practice. Furthermore, on this basis, it is concluded that it is the urgent demand maintaining social stability to deal with the relationship between the court and the media in a proper way.Chapter 3:an analysis of the unbalance of the relationship between the court and the media in our country at present. Through the exposition in this chapter, it is learned that "the independent exercise of the judicial authority by the court" and "the right of the supervision of media opinion" has its own features and demonstration in the Chinese context. In reality, reasons causing the "sick" relationship between the court and the media are multi-level, e.g. deviation in terms of the awareness of media supervision by the public, the dependent status of the court, the alienation of the role of media supervision in the course of real practice and the lack of laws and regulations adjusting the relationship between the court and the media.Chapter 4:suggestions on balancing the relationship between the court and press in our country at present. Proceeding from the briefing about relevant overseas experiences in this regard, it is pointed out that the starting point to resolve the relationship between the court and the media in our country lies in the observation of the principle of interest equilibrium. Moreover, in combination of our reality, the principle that relevant laws and regulations be formulated and the operation of media supervision be defined is also recommended. In addition, the system of making public the exercise of the judicial authority to create conditions for media supervision and the establishment of the restraint system on the media, as well as the suggestion that the limit of media supervision on the justice be defined will enable further guaranty of citizens'rights through the balanced relationship between the court and the media.