Judicial Activism Under Judicial And Media Relations Of The Field Of Vision,

Judicial activism's goal is to adjust and improve the path and method of achieving judicial function, to respond to the insurmountable institutional barriers of previous judicial reform and practical difficulties and to meet the huge demand of judicature. In addition to promoting active and diversified settlement of disputes based on the trial function and following the judicial laws to achieve the function of public power, Judicial Activism tends to serve the idea of the ruling party governing the country and the overall situation of economic and social development.Judicial reform in the 90s of last century has been promoted and deepened aiming to achieve judicial independence and judicial career. Under the background of the reform in cultural system, the media has been transforming the system and structure, which has resulted in the changes of operating idea and value. In the interacting process between media and judicature, on one hand there is a certain degree of cooperation, on the other hand a state of tension and conflicts have been happening. Media violates the judicial independence when reporting and supervising the performance of the judicial process, while judicature restricts even excludes media, causing a vicious circle. The reasons are that the laws of regulating the field of media are not perfect, the function of media deviates and alienates because of economic interests and the relationship between judicature and media is misread.Under the perspective of judicial activism, judicature should change the vicious cycle and actively build positive interaction with media in order to serve the ruling party policy, that is, media opinion supervising judicature and satisfy the media rights demands which are the concentration and extension of citizens' constitutional rights to realize citizens'rights to know, supervise and participate. Judicature should also attach importance to media as a social power subject with the aim, that is, state power taking advantage of social power, at the same time social power checking and balancing state power. Such a positive interaction is a broad platform to use media supervision to resolve the recklessness and risk of judicial activism.Judicature should actively advocate the press legislation to define the right, power, obligation and responsibility for media to report and supervise judicature in order to establish legal system. Judicature should actively communicate with media and perfect information disclosure and release system of judicature and resolve media questioning by using procedure advantages such as easy seeing and operating to find the appropriate communication point, forming a good public opinion environment. Media organizations and practitioners should strengthen professional self-discipline, learn legal knowledge and improve legal awareness to meet the ethical expectations of the audience and develop healthily and orderly.