传媒审判与司法裁决——传媒式司法的法律、社会与政治后果

Media Trial and Judicial Decision

传媒在判决结果确定之前的倾向性报道和评论,受到法律形式主义的广泛批评,泸州"二奶继承案"的判决,不同于法律推理结论以致被认为是媒体审判的结果。法律效果、社会影响和政治后果是中国司法需要考量的三个要素,判决的社会影响和政治后果具有比法律效果更高的权重,因此在三者存在冲突的情况下,传媒式司法应当舍弃法律推理的结论,作出偏重于社会影响和政治后果的判决。媒体审判的功能在于提供判决的参考意见,而法院则需要在考量此种意见的法律、社会和政治后果的基础上作出裁决。

The media＇s reports and comments prior to the verdict to determine are widely criticized by legal formalism. The judgment on ＂inheritance case of the destroyer in Luzhou＂, which is unlike the conclusion of legal reasoning, is considered to be the .media trial result. Legal effects, social influence and political consequences of China＇s are three elements that need to be considered in justice. The political consequences and social impact of the judgment is more important than the legal effect, therefore, when there is a conflict among the three, the justice should abandon judicial law formula reasoning conclusion and make a judgment which is pay more attention on the social impact and political consequences. The function of media trial is to provide a judgment reference, and the court would need to consider such advice in the legal, social and political consequences and make a final decision.