“媒体审判”的防治

Prevent and Administer the Media Trial

从比较法的视角出发,通过对中外相关法例的比较考察,立足于我国的法治实践,分析了"媒体审判"与树立司法权威的关系,并且指出:对于确保司法公正来说,在法律制度的层面上,新闻自由与司法独立都具有基础性的价值,关键在于如何界定两者的界限使得彼此能够尽可能的和谐共存,并由此对界限之内的新闻自由予以更加有力的保护,对超出界限之外的不当报道和评论加以有效防治。在合理界定媒体自由报道和评论司法的界限时,应当综合考虑以下三种关系的平衡:其一是维系司法权威的成本与收益和保障新闻自由的成本与收益的平衡;其二是新闻自由权利与获得公平审判的权利之间的平衡;其三是国情与公理的平衡。

Starting from the angle of comparison law, the author analyzed the relations between media trial and the establishment of judicial authority. Based on the legal practice： in China, the analysis compared and explored the related legal cases from China and abroad. It indicated that both news freedom and judicial inde pendence had basic value in legal system for the purpose of ensuring judicial fairness. And the key was to set up the specific definition for news freedom and judicial independence to coexist harmoniously. Further protec- tion should be given to the news freedom within the definition. But reports and comments outside the definition should be effectively prevented and administered. In addition, three balances should be comprehensively considered when we were defining the boundries between media＇ s reporting freely and commenting judicature. The first is to balance the cost and profit between maintaining judicial authority and safeguarding news freedom; the second is to balance the rights between news freedom and the acquision of fair trial; the last is the balance between country＇s basic condition and the generally truth.