论传媒与司法的冲突——表象·原因·破解

On the Conflict between the Media and the Judicature—— the Appearance, Reason and the Solution

传媒与司法统一于社会公正,但二者又是一对天然的矛盾。传媒与司法冲突的主要表象在于:媒体过度介入司法,影响司法独立;司法无力回应传媒,妨碍新闻自由;公众不当参与表达,损害社会公正。传媒与司法冲突的具体原因在于:传媒监督缺乏有效规范、司法独立缺乏制度保障、参与公众缺乏法律知识。传媒与司法冲突的破解之道在于:媒体规范其监督行为、司法增强其自身素质、公众提高其法律修养。

The media and the judicature are unified in terms of social justice, but they are a pair of natural contradiction at the same time. The main representations of the conflict between the media and judicature are the media over-interfere in the judicature and affect the independence of the judicature, the judicature lack of abilities to respond to the media so that hinder the freedom of the press, the public participate in the expression improperly and damage the social justice. The main reasons of the conflict between the media and judicature are the supervision of media lack of effective regulations, the independence of the judicature lack of institutional guarantees, and the participating public lack of legal awareness. The solutions of the conflict between the media and judicature are the media standardize their supervision behavior, the judicature enhance their own quality, and the public improve their legal awareness.