刑事审判中的媒体施压现象及对策

Media Pressure in Criminal Trial and Its Solutions

媒体对刑事审判的施压集中表现为,媒体追求的“感官正义”与“情理考量”干扰司法裁判追求的“独立判断”与“形式妥当”。其中,司法与媒体缺乏互动是直接原因,媒体极端表现缺少成本是间接原因,公众对司法缺乏信任则是根本原因。在司法改革语境下,应以配套“安全阀”制度提高媒体与审判的互动,增加公众对审判的信任,保障刑事审判不受媒体干扰。

The media’s pressure on criminal trial is mainly manifested in that the “sensory justice” and “reasonable consideration” pursued by the media interfere with the “independent judgment” and “proper form” pursued by judicial judgment.Among them,the lack of interaction between justice and the media is the direct reason;the lack of cost of media extreme performance is the indirect reason;the lack of public trust in justice is the fundamental reason.In the context of judicial reform,the supporting “safety valve” system should be used to improve the interaction between the media and the trial,increase the public’s trust in the trial,and ensure that the criminal trial is not disturbed by the media.