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Dissert On The Conflict And Resolvation Between Media Supervision And Judicial Indepsendense

Posted on:2013-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2246330392950496Subject:Law
Abstract/Summary:PDF Full Text Request
In modern society, the development of economy and technology accelerates the interference of media into social field and promotes the impact of the news which is regarded as the fourth power in western countries. The interference of the news media into judicial and the attention paid by the news media to the procedure and outcome of a case are important expressions of the development of legal construction. The interference of the news media uncovers the secret veil of judicial and meets the public’s right to learn the truth. But the judgments which are decided through due procedure and reasonable proofs sometimes conflicts with the public opinions.The defects of the media itself such as anticipating, emotional may influence the fairness and reason of the reports. In reality, media always pay more attentions to victims. And in order to show sympathies to them, they often appeal to severe punishment to the criminals. but in fact, the purpose of a judgment is just. The two parties are equal in the court, and cases should be tried with lawful evidence through due procedure to realize the just. When more and more reports show their tendentiousness, the judge, as one of the public, will be influenced inevitably. So it’s an urgent problem to set a mechanism which can counterweigh the independent judgment and media supervision.With the methods of comparative analysis and example illustration, The thesis tries to propose some concrete suggestions to solve the conflicts between the media supervision and the judicial independence through four chapters.Chapter1introduces some conceptions of the media supervision and judicial independence, and then states the conflicts between them.Chapter2analysis the reasons of the confliction between the media supervision and the judicial independence through the basic sources and the practice.Chapter3presents foreign legislation and practices of the settlement of the conflicts between media supervision and the judicial independence. And tries to provide some approaches through the foreign experiences.Chapter4tables some concrete suggestions for the media to supervise the judicial through jurisprudence, basic principles and measures.
Keywords/Search Tags:media supervision, judicial independence, interest balance, reasonable scope
PDF Full Text Request
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