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On the Media and the Criminal Justice

Author: LiMiao
Tutor: YueLiLing
School: China University of Political Science
Course: Procedural Law
Keywords: Criminal trial Personal rights Independence of the judiciary Judicial authority Remedial measures Comment Court The principle of public trial Fair trial Contempt of court
CLC: G206
Type: Master's thesis
Year: 2006
Downloads: 298
Quote: 4
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Abstract


The news media involved in the criminal trial on the merits, the trial process and referees attention, social progress, the rule of law and constantly improve performance. However, the purpose of the relationship of the media and the criminal trial, the rights and values ​​involved, including freedom of speech, the rights of a criminal defendant to a fair trial, and other participants in the proceedings legitimate personal rights, an independent judiciary, as well as maintain the dignity and authority of the court. Under normal circumstances, these rights and values ​​do not conflict, and even complement each other, such as media coverage of criminal cases, the public to see the realization of justice. However, in some cases, media reports and comments on the criminal trial process, these interests and values ​​between the existence of conflicts, trade-offs and choices between them, to establish when and to what extent, limit the media reports and comments, to build the media and the criminal trial balance. This paper is divided into four chapters, each chapter is as follows: the first chapter outlined the basic relationship of the media and the criminal trial. First of all, the criminal trial rights based on media reports and comments discussed subsequently, expand the discourse of the media and the criminal trial fit dialectical conflict. Overall, media reports and comments on the criminal trial, and help to implement the principle of public trial to expose corruption in the judiciary, and establish the authority of the judiciary, but also the independence of the judiciary, a criminal defendant's right to a fair trial, and the parties other personal rights occurred conflict. The second major legislation and experience of the relationship between the media and the criminal trial of foreign processing, the international trend is a brief description, and analyze and summarize these experiences. The main content applies contempt, the court of media rhetoric the content restrictions need to have the conditions and restrictions, as well as adversely affect the criminal trial to avoid media coverage and comment remedies. The third chapter, the first based on the specific realities of our country on the positive role of the media to establish the authority of the judiciary and enhance the people's legal literacy; Second, the analysis of the inadequacies of the media reports and appraisal criminal trial process. illegal intervention of administrative power and media; Finally, I starting from the specific cases that currently exists about the proposition of \The fourth is the focus of the article, which is also the purpose of the previous section discussed that how reasonable construction of the relationship of the media and the criminal trial in our country. First of all, you need to establish how to deal with the relationship between the two guiding principles, namely the principle of balance of interests and legal principles; Second, based on these principles Improvement of the legislation, including the legal regulation of media activities, the protection of the legitimate rights of the reporters to develop remedies three aspects.

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CLC: > Culture, science,education, sports > Information and knowledge dissemination > Information and communication theory > Communication Theory
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