媒体介入对刑事诉讼的影响及坚持的原则

On Media Intervention's Influence on Criminal Proceedings and the Principles It Insists

随着大众传播媒体的迅速发展,因其所具有的传播速度快、受众面广、公开及时等特点,已经越来越深入社会生活的方方面面。在刑事司法领域,媒体介入,特别是刑事侦查和审判阶段的介入,已然成为社会所热议的焦点和专家学者所研究的热点。媒体介入是一把双刃剑,在刑事诉讼活动中既能表现出监督司法机关诉讼活动、培养民众法律意识和法制观念等有利的一面,又能体现出阻碍侦查活动、妨碍诉讼活动的正常进行,甚至出现"媒体审判"等不利的一方面。必须通过重点分析媒体介入对刑事诉讼的影响,才能提出媒体介入刑事诉讼所应坚持的原则,以便协调舆论媒体与司法机关之间的关系。

With the rapid development of mass media, because of its transmission speed, wide audience, and the open and timely manner, it has already become more and more deep into every aspect of social life. In the field of criminal justice, media intervention, especially intervention in criminal investigation and trial stage, it has become the focus of debate by the society and by experts and scholars. Media intervention is a double-edged sword. In criminal lawsuit activity, it can not only show the supervision and judicial organs in litigation activities, cultivate citizens legal consciousness and the concept of legal system, but also reflect hindering the investigation activities and the normal conduct of litigation activity, even appear ＂media trial＂. Therefore, it is expected to analyze the influence of media intervention on criminal litigation, which can help put forward the principle that media intervention should insist, and finally coordinate the relationship between the media and the judicial organs.