论媒体舆论监督权——由3.6亿巨奖引发的宪法学思考

Discussion On Right Of Supervision By Public Media——Constitutional Thinking Caused By The Case Of 360 Million

媒体舆论监督权应公民的知情和自由表达要求而产生,但是其行使当中又总是"触碰"到公民的隐私权。媒体舆论监督权、知情权、隐私权相遇于最近发生的3.6亿彩票巨奖事件,该事件中的三对关系反映出了我国媒体舆论监督现实当中面临的双重困境。健全的舆论监督权是法治社会的必备条件与必然要求,我国应该尽快完善相关法律规范,采取相关措施解决媒体舆论监督的双重困境,做到向上监督充分发挥作用,向下报道不超过法定界限。

The right of supervision by public media arises with the requirements of citizens’ knowing and freely expression.But when media run this right in daily life,they always offend citizen＇s privacy.Right of supervision by media,citizen＇s right to know,privacy,they three encounter in the recent event that somebody got 360 million RMB by buying lottery.The three pairs of relationships in this case reflect that our right of supervision by public media faces double jams in its running.The fact that right of supervision by public media runs perfectly is a necessary element for rule of law,china should improve laws related quickly and take reaction to solve this dilemma,achieve the object that media can supervise the government fully,and comply with legal limit when report events.