The Conflict And Balance Between Media Supervision And Judicial Independence

With the continuous development of the media, its role in people’s life is becoming more and more important, and media supervision has become a very important kind of supervision of the judicial. Our constitution proposes the right to freedom of speech and the right to criticize and make suggestions to escorts for media supervision. At the same time, with the deepening of the principle of ruling the country according to law, judicial reform is also in place, and the pace of the independence of the judiciary progress is going to speed up. As important elements to realize the principle of ruling the country according to law in our country, media supervision and judicial independence go hand in hand deeming it their duty to pursue for social fairness and justice and aiming for realizing the dream of rule of law in China. However, due to the difference of the nature, the position and the interests between media supervision and judicial independence, hey inevitably produce the contradiction and conflict. Fundamentally, the conflict between media supervision and judicial independence, is the conflict between demanding for the public’s right to know and the judicial power on behalf of the state power. In short, it’s the conflict of rights and power. Throughout the world, the mature experience for dealing with the relations between the two issues is based on the maximum range to protect the freedom of the media, and in order to maximally guarantee judicial independence,many measures are taken to limit the negative influence of media supervision on judicial independence. Therefore, when we deal with the conflict in our country, it should be in the principle of legality, authenticity and legitimacy. At the same time,we should improve the communication mechanism, specification mechanism and transmission mechanism of media supervision and judicial independence, also, we should maximally build the reasonable balance mechanism between media supervision and judicial independence to realize the mutual benefit and win-win results.