The Research Of “Trial By Mass Media” Phenomenon

In October 2014, ruling country by law is raised to an unprecedented height at the fourth plenary session of the eighteenth In order to accelerate the process of ruling country by law in China’s construction, this thesis will have a research into the relationship between the media supervision and judicial review, puting forward some measures for dealing with the "media trial" phenomenon.The concept of "media trial" originated from the United States, mainly refers to the behavior that the news from some kind of pressure, sabotage and affect the judicial independence and justice. In 1994, the concept of "media trial" poured into the Chinese vision in the article “Who’s wrong?”authored by KeLei. "Media trial" phenomenon has the following characteristics: it does not conform to the judicial process to rule the case before the judge;in order to hype,media had obvious tendency and bacame emotional;multimedia linkage, a one dimensional spiral "public opinion" phenomenon comes out;interferes with judicial trial, etc.Some collated informations show that for most of scholars who research on "med ia trial" phenomenon,they often use a single case as the breakthrough point in their res earch, and few scholars can do systematic research on the topic of "media trial" pheno menon which appears in our country recent years from a macroscopic view. Take the popular CCTV show of "Topics In focus" as an example. This brand new TV program was noticed by academic and media circles from the very first day when it’s born. Ma ny people devoted themselves in reletive research and wrote abundant of books on it,but so far there’s no specialized research from the angle of "media trial". Although the "Topics In focus" on CCTV is highly recognized and warmly discussed by our whole country, there’s almost no research on it in foreign countries. Even if there’s some stud ies on it, there’s also more case analysis than comprehensive and systematic theoretica l research. At the same time, there’s no specialized reasearch on "media trial" like "To pics In focus" at home and abroad, which appearently can be seen as a wild topic in ac ademic circles. However, making a comprehensive study on the phenomenon of "med ia trial" in "Topics In focus", especially a study on its transition from media supervision of offside to a rational report, is instructive and important for other domestic news media.This article takes the “topics in focus”for example to comb the changes of the "media trial" phenomenon. When the column built at the beginning, the improper use of "supervision by public opinion" function appear to "media trial" phenomenon to gradually took to the "right direction". Changes of the report in the way and in the way has been found.The reason of selecting "topics in focus" as the analysis sample is:First, “topics in focus” is landmark both in the media and in the judicial;Second, "topics in focus" is authoritative in our country, and is usually an example to other similar columns and relevant program; Third, "topics in focus" was deeply loved by the general public, winning the trust of most of the audience at the same time. A number of reports of "topics in focus" as decision-making basis and reference of work;Fourth, "topics in focus" programs focus on the main issue that related to our country’s socialist legal system construction, and in the legal issues, focusing on the legal system and the important major cases of alleged programs become a focus issue;Fifth, "topics in focus" also experienced "unauthorized" on media supervision function to "return" process step by step.“Media trial" phenomenon before "Topics in focus" :from the founding of new China to the reform and opening up,Media is pure institutions, funded by the national and media, as the government’s propaganda, the content of the report is almost around the work of administrative agencies.Media always send messages to the audience in the form of "indoctrination", continuously to "preach" audience.At that time,government officials take the media as their management tools and they convey their own will to the media personnel in order to make the media become worthy of the name "mouthpiece".The function of the standard of the media supervision by public opinion is hard to play, even frequently The chief executive dominate the public opinion., the chief executive through to newspapers and other media orders "on the qualitative case, thus judicial intervention.They are through to newspapers and other media orders "on the qualitative case, thus make judicial intervention."Media trial" phenomenon in the period of the traditional media supervision function offside itself:Reform and opening up take the news media to participate in the tide of market economy in our country.Media went into the "independent,self-financing" path.Civilian Angle of view of the news came out.At the same time,the media supervision by public opinion function gradually awakening and the local media also increased the supervision by public opinion.The most typicalperformance is each big media increased the reports for the judicial supervision by public opinion of case report.Media practitioners, however, are difficult to chande quickly from the thinking and habits of work of the "cultural revolution" period.When they abuse "public opinion supervision" beyond the judicial process, and judge before the judge, "media trial" phenomenon becomes "true" and media began active of judicial case "trial".Holding high the banner supervision by public opinion, "topics in focus" is not only influenced by leadership attaches great importance to, more be called "JiaoQingTian" crowd. three premier of Li Peng, Zhu Rongji,Wen Jiabao had came to column group of "topics in focus".The "media trial" phenomenon during the function of new media supervise public opinion highlights: in 2003, Chinese "SARS" period, when the network functions to maximize public opinion, such as Sun Zhigang, Sun Dawu case, Li Siyi case and a series of cases, network The public opinion features are "contributed." 2003 was known as the network of public opinion in China, some people say that this year is the citizen’s rights in China. During this period the "Topics in Focus" ratings decreased, as a veteran of the television news program, reducing its audience’s expectations, changes in program content are closely linked. "Topics in Focus" little follow-up report, while drastically reducing the number of public opinion program,the right to monitor less, seems to have been taken to "avoid" type of attitude, it is difficult to find the "Topics in Focus" and "media trial" case, and the new media, "media trial" are common."Media trial" phenomenon in rational regression period:eighth Plenary Session held four marked with Chinese "rule of law" to new heights. Fourth Plenary Session,justice is the lifeblood of the rule in law. To improve the law to ensure that an independent and impartial exercise of judicial and procuratorial system, established record of leading cadres to intervene in judicial activities, to intervene in specific cases handled notification and accountability system, the implementation of quality lifelong handling responsibility and misjudgments investigations on accountability. In this context, more emphasis on the authority of the judge to uphold the Constitution of the law in the process of handling cases, the media in the judicial cases when public opinion should pay more attention to grasp the degree, which promotes media from the "media trial" return to a rational opinion supervision. "Focus" public opinion gradually into the public view type of program, there is no lack of judicial oversight type of program, "Topic in Focus" judicial oversight type of program there is a new look.Deep reason of "media trial" phenomenon, mainly include:First, at the social level, it mainly is that the social mechanism is imperfect, social contradictions emerge in endlessly and the pressure of social stability drives;Second, in the media, media plays the "dislocation" role and low quality of the media practitioners;Third, in the judicial level, it mainly is the judge judicial personality independence and the judicial hidden rules;Fourth, at a popular level, it mainly is that public mentality blindly follow;Fifth, for other reasons, the main is the complex "anger" and "official".In the reason of the "media trial" phenomenon, there is the special causes of traditional media and new media respectively also.The phenomenon of "media trial" is the objective existence in our country at present, however, it is contrary to policies and development goals of” ruling country by law”, “the rule of law society”, “making a harmonious society” and so on in the long run. Therefore we should actively explore some scientific strategies to cope with the "media trial" phenomenon to reduce the occurrence of the "media trial" phenomenon. Social countermeasures are to build a harmonious society, and the government actively strengthens the consciousness of the rule of law. On the level of media, the countermeasures is to strengthen the self-discipline of media and construct the guild regulations of "the third kind of specification" in our country.That is to say,the industry organization or the media should set prospective law or self-discipline guild regulations by themselves;follow the principle of objective and fair, separate reports and comments, pay attention to the balance of reports, comment to justice,synchronization and continuous coverage. At the same time, improve media literacy practitioners’ legal literacy. The judicial level countermeasures are system construction that we should strengthen the court and the judge’s independent jurisdiction, accept supervision,that is to say, increase the transparency of justice;draw lessons from western judicial experience, and use of the judicial practice flexibly.Popular level countermeasures are: to satisfy the public’s right to know and supervise the cases,and strengthen the media literacy education to the public, to build a harmonious environment of public opinion.Especially in age of internet, media literacy education is an important way to prevent anomie behavior of internet users in the media and prevent the network media from interfering with judicial importance.