媒体监督与司法权之冲突表现及原因分析

The Conflict between Media Supervision and Judicial Power and its Causes

媒体对司法权进行监督是民主法治社会的应有之义。但现实中,媒体监督对司法权的独立公正行使客观上产生了侵犯的效应,司法机关为保证其独立公正司法,也对媒体采访报道进行防范和限制,从而引发了媒体监督与司法权的冲突。文章从媒体的不当报道和评论,对司法产生负面干预效应以及司法机关对媒体采访报道进行防范和限制两个冲突表现进行详细阐述,分析冲突深层次原因包括其基本属性的差异、所处立场的差异、运行机制的差异等。

The supervision of judicial power by the media is an essential part of the democratic rule of law society. However,in reality,the media supervision has caused the infringement of the independence and justice of judicial power. To ensure its independent and impartial judiciary,judicial powers also give the media coverage of the prevention and restriction,resulting in the conflict between media supervision and judicial power. Based on the media inappropriate reports and comments and its negative interference effect on the judiciary,as well as the judiciary prevention and limit correspondence,the article makes an analysis of the deep-seated causes of the conflict,including their different basic attributes,the position and operating mechanism,etc.