Media Supervision And Judicial: Look From The Case Analysis The Conflict And Harmony Of Both

Both the media supervision and the judicial judgment are integral parts of the modern societyruled by law, and the important pathways and protection to realize social fairness and justice. Withthe development of Chinese society, the enhancement of citizens’ right awareness, and theincreasingly loose environment of public opinion, the initiative and enthusiasm of the media hasgreatly improved in the supervision on the judicial judgment, their conflicts have been increasing aswell. In view of increasingly frequent conflicts between the media and judicature，to harmonize theirrelationship has grown to be an urgent problem in both theory and practice, so that a composite forcecan be formed to push forward social fairness and justice．As the begin with Wu Ying case，which raises the public widespread concern and intensediscussion, the thesis surveys and studies a large number of real cases. Through in-depth analysis, itreveals the causes and the essence in the conflict between the media supervision and the judicialjudgment. Combined with the foreign practice and international principles, it put forward the train ofthought and the countermeasures to reconcile their conflict.The thesis is divided into five parts. PartⅠis about the origin of the problem, which mainlydescribes and analyzes the case of Wu Ying and the reflection on it. Part Ⅱ expounds the mediasupervision and the judicial judgment, in which the author clearly tells the essence of the supervisionon the judicial judgment by the media, and notes that the legal basis for this supervision are thecitizens’ freedom of expression, rights to information, rights of participation and oversight of stateand social affairs and the judicial open principle. Meanwhile, author clearly points out that judicialjudgment should adhere to the principles and values pursuit of independence, openness and fairness.Part Ⅲ mainly analyses four typical cases, the case of Sun Weiming, the case of Hu Bin, the caseof Xu Ting, and the case of Yao Jiaxin. Part Ⅳ reveals the causes and essence of the conflictbetween the media supervision and the judicial judgment, basing on the analysis of the foregoingcases. Part Ⅴ analyses the foreign legislation and practice in the relationship between them, as wellas the generally accepted international principles. Furthermore, the author point out that basing onthe solution of the rule by law, the culture of media supervision on the judicature, and the actualsituation in China, we should take measures in six aspects to reconcile the conflict between them.With the combination of theory and practice, the thesis deeply explain and point out the causes,essence and countermeasures of the conflict between the media supervision and the judicialjudgment, which is of great theoretical and practical significance to achieve positive interactionbetween the media and the judicial circle.