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THE HEDGEHOG DILEMMA IN THE COURT-MEDIA RELATIONSHIP IN CHINA 被引量:1

THE HEDGEHOG DILEMMA IN THE COURT-MEDIA RELATIONSHIP IN CHINA
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摘要 This paper explains why Schopenhauer's "Hedgehog Dilemma" may be the most apposite metaphor for the relationship between the courts and the media. Whatever they get from each other, the media's role representing the public and the court's role representing justice are both essential to modern democracy. Therefore, their relationship has attracted attention, not just in legal and media professions, but also in public and government debate. In the last two decades, China 's highest court has issued judicial interpretations and guidelines to regulate the activities of the media and the court, which has brought the topic to a new level of discussion. As a drafter of these official documents, the author will comment on development in this field and their interaction with values inherent to democracy. This paper explains why Schopenhauer's "Hedgehog Dilemma" may be the most apposite metaphor for the relationship between the courts and the media. Whatever they get from each other, the media's role representing the public and the court's role representing justice are both essential to modern democracy. Therefore, their relationship has attracted attention, not just in legal and media professions, but also in public and government debate. In the last two decades, China 's highest court has issued judicial interpretations and guidelines to regulate the activities of the media and the court, which has brought the topic to a new level of discussion. As a drafter of these official documents, the author will comment on development in this field and their interaction with values inherent to democracy.
作者 JIANG Huiling
出处 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2014年第2期174-185,共12页 中国高等学校学术文摘·法学(英文版)
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  • 1Philippine Judicial Academy, Manual Guide for the Judiciary in Dealing with Media, at 2-3 (2011), at http://philj a.judiciary.gov.ph/announcements/2011/Media%20Manangement%20Guide%20Fina12.pdf (last visited Mar. 8, 2014).
  • 2Reporting Restrictions in the Criminal Courts, at https://www.judiciary.gov.uk/Resources/JCO/ Documents/Guidance/crown_court_reporting_restrictions 021009.pdf (last visited Mar. 8, 2014).
  • 3Australia's Right to Know, Report of the Review of Suppression Orders and The Media "s Access to Court Documents and Information, at 14-15 (2008), at http://www.australiasrighttoknow.com.au/files/docs/ Reports2008/13-Nov2008ARTK-Report.pdf (last visited Mar. 8, 2014).
  • 4In Nov. 27, 2013, the First Intermediate Court of Beijing delivered the final judgment, which upheld the first instance judgment of Mr. Li 10 years imprisonment for rape. Mr. Li was under age of 18 when he was alleged of rape. The case is getting very popular since Mr. Li's father is a high ranking military official and artist in China.
  • 5http://www.sarft.gov.cn/articles/2005/02/07/20070920151122290888.html (last visited Mar. 8, 2014).
  • 6Xinhua, China Exposes Media Blackmailing Cases, at http://english.peopledaily.com.cn/90882/8497222 html (last visited Mar. 8, 2014).
  • 7ZHOU Qiang,深化司法公开促进司法公正(Deepening judicial transparency for justice), People's CourtDaily, Jan. 27, 2014.

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