On Dilemma And Countermeasures Of Media Monitoring

ContentChina’s booming economic development, not only promoting the rapid awakening ofconsciousness, and to some extent meant that watched the arrival of China’s judicial system.As the network news media’s growing influence on various sectors of the community, mediahave gradually become the three powers of the Government,"fourth power", it not only tosupervise judicial activities, and promote judicial openness, curb corruption and other aspectshave a significant impact. However, media monitoring sunnier in judicial practice willinterfere with the course of Justice work,"Deng yujiao" case and other typical cases emerge,stark portrayal of the media supervision difficulties from the perspective of judicial justice. So,paper through on "Deng yujiao case" of depth interpretation to analysis media supervision andjudicial just both of conflict and occurred conflict of causes of research, proposed reconcilecontradictions conflict, building benign interactive mechanism of solution measures, thenlooking for both of balance points, makes judicial trial activities in media supervision of trackreported more transparent open, thus more effective of achieved judicial just, guarantees partyof legitimate right. Because our country has yet to unveil a special guarantee media rights,legal regulation of media monitoring behavior, coupled with cost-efficient developmentenvironment, some media in pursuit of commercial interests or economic effect, so as toenable the media authority evolved into "media judgment", resulting in judicial activity doesnot run correctly, prejudice the interests of Justice. While the media supervision and judicialjustice is the relationship of dialectical unity between the two, but reasonable and appropriatemedia monitoring is not only beneficial to the containment of corruption, but also isconducive to the realization of Justice. Instead, there will be poor media monitoring, weaksupervision and so on, so as to hinder the process of Socialist rule of law.Because our country has not yet issued a special protection of media rights and lawsregulating media monitoring behavior, coupled with cost-efficient development environment,certain media, only the pursuit of commercial or financial results, so as to enable the mediaauthority evolved into "media judgment", resulting in judicial activity does not run correctly, prejudice the interests of Justice. However, the relationship between press supervision andjudicial justice becomes more and more acute, mainly for media supervision over theadministration of Justice, and thus to errors. Therefore, how to seek a balance between mediasupervision and judicial justice, avoiding media debate about excessive judicial oversight,trans boundary phenomenon of interference to form a Media trial. This requires media andjudiciary cooperation and win-win agreement. While the media supervision and judicialjustice is the relationship of dialectical unity between the two, but reasonable and appropriatesupervision of news media not only helps curb judicial corruption and judicial adjudicationtransparent and conducive to the realization of judicial justice. Instead, there will be poormedia monitoring, weak supervision and so on, so as to hinder the process of Socialist rule oflaw.This view of the law, refer to the case study method, starting from the Deng yujiao case,through the "Deng yujiao" case of dissecting, leads to the main content, that is, from theperspective of Justice, breaking the traditional patterns of conflict and balance between thetwo, propose effective solutions which enable the media authority completely off the hook.However currently view, China yet introduced specifically of media supervision method toRegulation media supervision judicial activities, its can through reference and comparedabroad advanced regulations and practice experience, in-depth analysis media supervision andjudicial just both of conflict and its causes, and in both between of conflict in the soughtmedia supervision dilemma of specific solution countermeasures, makes both keep a health,and harmony of interactive relationship. This article is divided into four parts.First part: Justice media supervision status from the perspective of analyzing typicalcases,"Deng yujiao" case as the starting point for analysis. First briefly describes the Dengyujiao case from a to z, and later "Deng yujiao" case after a series of legal thinking, as well asmedia coverage on the case with networks opinion, finally introduced the situation of themedia in this case involved judicial trials and proposed to solve the related problems.Part II: theoretical analysis on media supervision and judicial justice. First, the two basictheories on media supervision and judicial justice gave a brief overview of, and relationshipbetween substantive justice and procedural justice on the basis of analyzing the meaning ofJustice and, secondly, from positive and negative two point of view of the impact of media supervision and judicial justice.Part III: the plight of media supervision in view of Justice and reason. First introducedthe plight of media supervision in view of justice; secondly, to varying degrees and analysesboth the causes of the conflict.Part four: the mechanism of interaction between press supervision and judicial justicebuilding. First introduced has in processing media supervision and judicial just bothrelationship aspects, British beauty method Department of United Kingdom, and UnitedStates and city method Department of Germany, and Japan and the international, success oflegislation provides and practice experience, and its extraterritorial experience on China ofrevelation; second, China from national basic conditions of actual starting, proposed buildingmedia supervision and judicial just both of benign interactive mechanism of what time mainmeasures, then more effective of solution in judicial just perspective media supervision ofspecific dilemma, makes both reached reasonable of balance.