适应、定力与引导:司法面对传媒的三个关键词

Adaptation,Composure and Guidance: Three Keywords for Judiciary to Confront Mass Media

面对司法与传媒两者关系的紧张,法院与法官的现实路径应当是坚守适应、定力与引导三个关键词,即一是适应媒介化的时代,以及由此产生的司法面对传媒、面对舆论、面对民意等一系列更深刻、更广泛、更复杂的命题。二是秉持司法专业主义的定力,这源于审判独立的宪法规定,也是符合司法工作的自身逻辑的。三是要通过司法公开、以案释法等方式来做好与传媒的沟通,加强舆论的引导。这样的路径,有着较为现实的态度,体现了"相对合理主义"的思维特征。

Be confronted with the intense relationship between judiciary and mass media, the judges shall uphold the following three keywords： fit into the new era of mass media, and a series of judiciary shall face the mass media, the public op shall keep their composure, which is regulated by adaptation, composure and guidance. First, judi profound, general and complicated problems such courts and ciary shall as how the inion and the will of people. Secondly, the courts and judges the constitution, and accord with the inherent law of judicial work. Thirdly, the judiciary shall strengthen its guidance of public opinion and improve its communication with the mass media by judicial publicity, interpreting laws development of judiciary, and to demonstrate the by citing cases, etc. This is a practical way for the thinking mode of ＂comparative rationalism＂.