论媒体监督权的性质和界限

On the Nature and Boundary of Media's Right of Supervision

被冠以"第四权力"之称的媒体监督权,是媒体就国家行为发表意见的资格,属权利而非权力。现行法律没有就媒体监督权确定界限,为正确发挥其作用,文章对媒体监督权提出下列界限:即对象上只能针对国家机关及其工作人员,内容上对事实的描述应当真实完整,时间上应视国家行为性质而定:对于立法行为可以在任何环节参与、对于行政行为除了重大决策外应允许媒体参与、对于司法行为媒体可以提前介入但报道应当慎重,以期为立法提供参考。

Although it is called the fourth power, medials fight of supervision, the qualifications of expressing their views on the state acts, is a kind of fight in nature, not power. That current laws do not regulate its boundary clearly brings some negative effects. To make its best to play its role, the author puts forward to its boundary as follows： it only aims to state organs and their staff; its content should be true and integrated and the time to press relies on different events： for legislation, it can take part in at any time; for administration, it should not exert its influence on the decision of major events; for judicial conduct, it can join before decision is made, but report should he made cautiously. It is to provide a reference for the legislation.