论舆论监督与司法独立

On Supervision by Public Opinion and Judicial Independence

在依法治国的今天,舆论监督与司法独立都有其宪法依据。舆论监督是新闻自由的一种表现,是民主的应有之义。司法独立是法治的基本原则。由于具有不同的运作规律,舆论监督与司法独立难免发生冲突。但是,两者的最终目标是一致的,即公平与正义。阐释舆论监督的重要性,司法独立原则对舆论监督的要求,以及如何正确协调舆论监督与司法独立的关系具有重要意义。

In running the country in accordance to law, both have its constitutional bases. Supervision by public opinion is associated with press freedom, an inner meaning of democracy. The judicial independence requires the court to try the case independently , it is a basic principle of the rule of law. Because of its different operation laws , supervision by public opinion and judicial independence unavoidably conflict with each other. However, it is unanimous that the final goal of the two is consistent, namely fair and justice. This article has expounds on the importance of the justice of supervision by public opinion, the requirement with supervision by public opinion of the judicial independence principle, and described correctly how to coordinate the relation between them.