The Research Of Media Supervision And Judicial Independence

Modern society, the supervisory function of media for public power and public life is more and more important. So the media also called the fourth power and the uncrowned godfather. But the media and the public power will produce many conflicts between the supervision and be in the supervision. Among them, the largest friction and the most complicated relationship is between the judicial power and the mass media.At abroad, handling the relations between media supervision and the judicial independence, people put forward three modes. First of all, from the common law countries, we can see that, because of the jury system, formed to protect the jury not affected by the external influence as the main contents of the mixed a series of methods and measures, in order to maintain maximum news media supervision and safeguard the case fair and independent judgment. In the United States, about scholars have proposed a judicial self constraint mode, in such a no prior to restrict media judicial reporting and commentary is through the court self-discipline and complete program rules to prevent media influence judicial. Second, in Britain are taken the judicial limit media mode. Britain and America is different, the media supervision of judicial regulations is more stringent. For example, the court ordered the requirement for some cases reported by the media to be put off. Third, in civil law countries, such as Germany and France is taken the laissez-faire mode, because is the statutory countries that taking the authority litigation, the judge is elite group composition, public opinion on their influence is much lower than the common law countries, so these countries will adopt relatively relaxed attitude. In our country, the count and the media conflict was occurring in the last century. After a series of legal news coverage of events, the court and the judge in thinking about how to deal with the media, media are also exploring how to correct the exercise of freedom of the press rights, the more objective and rational of legal system news reports.In the life, the relationship between the media and judicature is Intricate. With the rapid development of the media, its social influence grows day by day. The media supervision play a lot of positive role in containing the judicial corruption and pursuit justice. However, because of the special properties of the judicial activities, the media in the supervision and judicial cases in the process will be with the friction and conflict. Media and court hold a position, justice standards and operational rules is different that it can cause conclusion of the evaluation also different, this is the source of conflict between media supervision and the judicial independence. In addition, our country in dealing with the relationship between the media and judicature also exist some deviation, such as laws and regulations are not perfect, the judicial authority lack of the ability that against the improper interference, the media dislocation, the role of news media supervision exaggerate, media lack of self-discipline, and so on.The media supervision and the judicial independence between the contradictions and conflicts are not mediate, basically, both in a constitutional sense is unified, in judicial justice can be as the foundation to realize their balance. Balance media supervision and the judicial independence of conflict are good for Safeguard judicial authority, for promoting justice, realizing their respective value.