The Conflict And Balance Between The Freedom Of News And Judical Power

Any government power is a double-edged sword. On the one hand it can bring benefits to the people, on the other hand, it may also be abused to violate the public interests. Judicial power as a power which is separated from the state sovereignty, can be abused, as same as the legislative power, administrative power. Therefore, we must strengthen to restrict and supervise the judicial power. Generally speaking, the supervision on the judicature mainly from two aspects:Supervision comes from the state organs, such as the supervision of the legislature; on the other hand, from the social supervision, especially the supervision of the news media. This paper is mainly about the freedom of news supervision of the judicial power.This paper is divided into three parts.The first part is the guarantee of freedom of the press is conducive to strengthen the supervision of judicial power. The supervision of news media on judicial is in order to promote the realization of the justice. The judicial power comes from people’s authorization, people naturally have the right to supervise it. But the freedom of the press has given the media the right which is on behalf of the people to supervise the government power. In practice, to guarantee the freedom of news media is conductive to fullfill the requirments of the media itself; is conducive to strengthen the supervision of judicial power, is conducive to the full expression of public opinion,and contribute to the realization of justice.The second part mainly discusses the causes and manifestations of the conflict between news freedom right and judicial right. Although the protection of the right of freedom of press is conducive to strengthen the supervision of judicial power, the two rights are not always in harmony. If specific to their field, because the operation mode, value attribute is different, conflict between the two permanent reflects on them. This kind of conflict only appears when we have to chose one value from the two.The third part starts from the supervision of China’s news media on judicial practice, combined with the experience in the handling of the relationship between the news freedom right and the judicial power of the western countries. The purpose is to put forward some legal measures to coordinate the relations between them.