In News Coverage Of Criminal Trials

With the improvement of laws and regulations and the soundness system,the adminisration of justice widens the scope of intervention and strengthens the control of society.As the media industry develop srapidly,it appears in every corner of society and its impact is strengthened unprecedentedly.The contradition between the media justice becomes more and obvious than before,so the impart of news report on criminal trial should not be ignored.The impact is manifested as substantial and procedural impact, which includes postive and negative impact. this thesis will sum up and analysize every kind of impacts of news report on criminal trial and clauses of them, then,on this basis,learn the experience at and abroad and put forward my own views and opinions,in order to set up a series of laws and regulations which regulate the news report on criminal trial,so as to unleash mews reports positive effect on criminal tiral and to inhibit its negative effect.This thesis has seven parts and the body is made from more than 30,000 Chinese characters.The introduction mainly sums up the insparable relationship between news report and criminal trial.It is pointed out that criminal trial always company increasing constantly with news report.Esecially,in the trial which has serious social impact.As the media industry develops rapidly,the social impact of news report,and impact of news report on criminal trial becomes stronger.News media influences or even manipulates the outcome of judgment mainly through stirring up the aid of intervention of administration judicial authority is also exploit continually by laws persons to seek extra interest which threatens the solemnity of cort and the justness of trial.The first part mainly expounds the positive significance of mews report on criminal trial which includes extending the scope of public trial,offering useful advice and ideas to judges,containing and overcoming judicial corruption and arbtrariness,defending and protecting judicial independence,promoting the reform and improvement of judicial systew,establishing the authority of trial promoting substantial and procedural fairness through reporting and publicizing criminal trial positively.The second part mainly expounds the negative significance of news report on criminal trial,which embodies that news report infiltrate the criminal trial and destory the autonomy of judicial process;news report influences the judges" discretion imperceptibly and give them emotional influence and psychological pressure,and brings psycological pressure to bear on the parties while they are presenting the fact of case; and it open up a channel for various lawless power into the court,and it destory the judicial independence and so on .The third part mainly introduce the foreign experience,which mainly synthesizes and summarizes standardized characteristics of the news media reported the criminal justice system to each other ,which some of the world's major countries and international organizations have built, explore new ideas, build the relevant system with Chinese characteristics. In common law countries, the focus of this part synthesizes and summarizes regulation of media reports related to the criminal justice system in the United States and the United Kingdom, and explains and analysis systems relevant to Canada also outlined. In civil law countries, the focus of this part discussed and analyzed systems relevant to characteristics of Germany, France and Japan, but also the Taiwan region of China's relevant system also provides an overview and comments.The fourth part sums up and analysize the reasons of the news report's negative impact on criminal trial. the negative significance of news report on criminal trial mainly come from some reason as follow: the weak legislation on the news media in the criminal justice reporting, make the news media lack of the necessary regulations in the criminal justice reporting,and give the news media too much room for comments; independence of the Judiciary is the weakness of the judicial system, judicial independence is not the full,which is one of the important causes of the negative significance of news report on criminal trial; the trial openess level is not high,and there are too many restrictions on the news media for reporting, it aggravated the negative impact of news reports catalyst; Criminal trials lack of democracy and Public opinion lack of access to public trials channels give the news media an opportunity as the public take advantage of the spokesmen; criminal law on the broad measurement and the fuzzy language legislation give judges too much discretion; the cumbersome of procedures of criminal trial and inefficiency of criminal trial lead to the news media constantly criticized criminal trials; overall quality of judgesis low, and they do not formate an elite group of professional legal experts, judges lack self-confidence and high-quality decision , it is difficult to resist the pressure of news reports; News media and the judiciary have different characteristics ,it is one of the reasons of the news report's negative impact on criminal trial;overall quality of news media and its practitioners are too low, and the self-regulatory mechanism is also established urgently ; weakness of legal awareness of citizens is easy to be misled by the news media ,it is one of one of the reasons of news media endangering fair trial.The fifth part of the focus of this paper is part of the main news of the proposed deal with the negative effects of the criminal justice measures and countermeasures. The measures of responding to the negative impact of news report on the criminal trial are as follows: we sh ould fill in the legal gaps, improve relevant laws and regulations and standardize the news media report of criminal trials, contain the negative impact of media news report criminal trials from the source; improving the relevant legal system, strengthening an independent judiciary, an independent news resist the adverse effects of the extension of the openness of the trial, an open resolve is helpful to resist the negative impact of media news report criminal trials; we should improve and reform the people's jury system, strengthen the judiciary democratization, broaden public appropriate channels access to criminal trials; improving the criminal law, the Criminal Code conviction and unify standards of sentencing,at the same time, we ahould pay attention to the interface between law and morality, and avoid the serious disengage ethics and law, extrusepress the space of news report interfering the criminal trial; we should expand the scope of application of simple procedures, appropriately reduce the duration of the trial, simplify trial procedures, improving the efficiency of trials; we should enhance the quality and trial skills of judges to enhance the quality of trials, and cultivate the confidence and authority of the judge, build the credibility of a verdict, enhance the judge's own anti-jamming capabilities; we should improve the quality of journalists, strengthen news media industry self-discipline; vigorously strengthening legal education, and improving the awareness of law in the public, it will weaken misleading of the news media on pubulic, so that news report endangering fair trial,and create a good external environment for ciminal trial.Conclusion sums up and emphasizes the principles and focus while reporting the criminal trial according to the current situation in China,and puts forward the suddestions in constituting the related rules,and draws up the trend of relationship between news media and judicial authority,and advocates to make efforts for establishing the positive,communicative and harmonious relationship between them.