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Media Restraint and Media Participating in Reconstruction Referring to Judicatory Authority in China

Author: ChenHuiHui
Tutor: QiHaiBin
School: Huazhong University of Science and Technology
Course: Economic Law
Keywords: Media Judicatory Authority Communicative Authority Positivism Jurisprudence
CLC: D926
Type: Master's thesis
Year: 2010
Downloads: 83
Quote: 0
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Abstract


The tension between media and judicatory authority essentially demonstrates the tension between self-government character embedded in law and authentic validity of justice. With perspective of location and mutual movement relating to morality and law as well as facts and criterion, the thesis exercises pure theoretical jurisprudence pattern to modify communication authority concerning to Chinese traditional judicatory trial thoughts and management, furthermore syncretizes media into system design about reconstruction of judicatory authority to conformity and intercourse, corresponding to multi-values and construction transformation in current China for the sake of rebuilding law belief and judicatory authority.Thus in terms of changing and expanding views, we utilize zero code power of communicative reason and institutional factual authority to clear up the conflict and reconstruct local judicatory validity groundwork. In order to avoiding the absence to law belief and law nihilism, the thesis introduces media observing restraint neutrally to take part in judicatory authority reconstruction by way of modification communicative democracy, with the target to enhance and cultivate public law belief.The communicative authority theory model succeeds but transcends to ideal bargaining scene from Habermas and institutional factual authority from Razeds, media inside exerts propagandizing and molding affections, plays positive roles in providing communicative flat roof and enact topics to harmonizing multi-values petitions, moral ethic and public strategy during transition period, and then remold respect to trial and belief in law. The positivism Jurisprudence pattern on mutual communicative mechanism by media in collaboration with judicative trial will do favor to the judicatory democratic practice and law modernization process, furthermore exploit the turning point to carve out Chinese judicatory authority reconstruction model in line with logic legitimacy and practical availability.

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CLC: > Political, legal > Legal > Chinese law > Justice system
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