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Of media supervision with the course of justice

Author: SunLei
Tutor: GuYongZhong
School: China University of Political Science
Course: Procedural Law
Keywords: Media monitoring Criminal justice activities Criminal Justice Judicial authority Independence of the judiciary
CLC: D916
Type: Master's thesis
Year: 2010
Downloads: 380
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Abstract


At present, the role of the media from the supervision of the criminal justice activities are increasingly important, it will not only help the publicity and really helps a sense of justice and the realization of social justice. But if we overestimate the role of the media monitoring to achieve justice relaxed norms and restrictions of such oversight, it is bound to bring a lot of problems to the Criminal Division's activities. China currently is unclear due combing media supervision and criminal justice activities have occurred in the relationship of the course of justice, and also the lack of effective regulatory measures on media monitoring, allowing media monitoring situation interfere with the activities of the criminal justice. Media such improper supervision exacerbated the sensitive relationship between the social people and the judiciary - this tension is bound to hurt the authority of the judiciary, and ultimately affect the realization of judicial justice, this article tries to media monitoring with the course of justice between the relations do some explore hope can theoretically get the inspiration to solve real-world problems. This paper is divided into four chapters, each chapter is as follows: The first chapter discusses the meaning of media monitoring and Criminal Justice as well as media monitoring and judicial activities of the value of the course of justice. Media supervision and criminal justice activities the administration of justice has played a catalytic role in the criminal justice activities compared with the media to achieve justice supervision advantage, and thus the criminal justice activities should shoulder the main duties of justice, media monitoring only able to play with the auxiliary role. Therefore, the media must supervise Ke necessary norms and restrictions, so that may not pre-empt and even interfere with the normal activities of the criminal justice. The second chapter discusses the legislation and practice of the world media supervision and the administration of justice, I selected a representative in the United States, the United Kingdom, France, Germany, and Sweden as discussed object, and the main focus in these countries to adjust media monitoring the relationship between the characteristics of the course of justice system, advanced initiatives in trying to regulate and restrict media monitoring from these countries to seek a worth learning experience. The third chapter focuses on media monitoring should respect through and implement a few basic principles. These basic principles, including the principle of maintaining the independence of the judiciary, and implement the principle of the presumption of innocence, is conducive to the principle of the protection of the legitimate rights and interests of the parties and the principle of objective and impartial. Introduces and explores the significance of these principles is that they are the appropriate standard measure of media supervision of the criminal justice activities. By these standards it is easy to determine whether this mode of supervision of the media to go beyond the boundaries of causing interference and obstruction of judicial independence and judicial impartiality. The final chapter discusses how to improve the supervision of the criminal justice activities of our media. I first expounded improper supervision of China's media to interfere with the independence of the judiciary, the impact of the reality of the existence of criminal justice for the problem. Then negative attitude towards the media reported the lack of legislation and the judiciary from the news two angles to analyze the reasons of these problems, and put forward for China's actual the corresponding reform and improve the recommendations. These proposals can be broadly include the following aspects: the introduction of clear news legislation to strengthen the norms and constraints of the media monitoring, and accordingly adjust the Code of Criminal Procedure and Criminal Procedure, and the transformation of the passive attitude of the judiciary media to form between positive interaction.

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