The Influence Of Media Public Opinion On Judicial Trial And Its Countermeasures

To deal with the relationship between media public opinion and judicial independence of the courts is the key to the rule of law construction in our country.Citizens enjoy freedom of speech and the freedom of expression must be supported by the media.This moment,the media has the right to speak in public opinion,guiding the direction of the public opinion.And the media enjoy the freedom to report and open the case,the report of the judicial trial is the performance of the media can have the right of implementing the supervision.The media public opinion plays an active role in the supervision of the judicial trial.However,the supervision by the media has many negative effects on the judicial trial.Aimed at the facts of the case,the media publicizes deliberately without attribution,and published false,one-sided and tendentious remarks.It affected the correct direction of public opinion and caused the public opinion pursue it.Therefore,led to the formation of tendentious large-scale public opinion.These can put pressure to the court and interfere with judicial independence of the courts.It will not only damage the interests of the parties,but also is not conducive to the establishment of judicial authority and justice.Therefore,in the future of judicial trial in our country in order to prevent the media public opinion interfere with independently trial of the court and reduce the pressure of court trial.Our country can learn from the mature experience of foreign countries.To find a harmonious way to accord with the condition of our country between media public opinion and judicial independence of the courts.To deal with the relationship between the two sides will be the importance of this article,hoping that this article can provide some humble opinions to solve this problem.This article is divided into four parts,the first part introduces the basic theory of media public opinion and the judicial trial and elaborates the connotation of media public opinion and legal functions peculiarly.I will discuss the relevant contents of courts exercise judicial power independently and public trial system.Then I can analyze the relationship between two sides,the process of supervision of the media public opinion,the court is how to respond to the supervision of media public opinion.At the legal level,how to stipulate the behavior to the supervision of the media public opinion on judicial trial.From two aspects of positive and negative influence,this article analyzes the influence of media public opinion on judicial trial in China.Finally,the article discusses some reasons of negative influence of media public opinion on court trial.In the second part,the author analyzes the judicial trial influenced by the media public opinion in the current situation of legislation and judicial practice.Then,mainly from the legislation,the court and the media in this three aspects to find out the existing problems,The third part mainly introduces how to deal with the relationship between the media public opinion and judicial independence of the courts in international standards and foreign laws,through the analysis of different opinions on civil law countries and common law countries.And then put forward to deal with the relationship between two sides in China experience.The fourth part,from two aspects of the court and the media,the writer will find out a correct path to the harmonious development of media public opinion and judicial independence of the courts in our country.