论审判独立与新闻监督的冲突与平衡

发布时间：2018-11-12 18:06

【摘要】：我国新闻监督审判活动还处在初级阶段,如何构建新闻媒体与法院之间良性互动并和谐发展的制度和规范是函待研究和解决的现实问题。鉴于我国正处于法治发展阶段,域外的法治经验无疑具有十分重要的参考价值,因此,文章从审判独立与新闻监督的冲突与平衡两方面入手,结合域外部分国家先进的理念和制度设计,对我国目前两者关系存在的偏差进行分析和反思,揭示问题之所在,以便寻求解决的方法。文章分为三部分论述：第一部分为审判独立与新闻监督的对立统一。首先从分析两者概念入手,从法理上阐明新闻监督与审判独立之间存在着应然的和谐关系,都有维护正义、实现公平的功能,都有利于制约公权力。同时两者在现实运行中也存在着矛盾冲突,由于新闻与司法两种行业的逻辑有明显的差异,二者存着内在的紧张关系。第二部分为我国新闻监督与审判独立关系的偏差。主要采用实证分析的研究方法,通过对近年来国内一些典型案例的回顾,概括媒体监督与司法独立冲突的现状：一是媒体“越位监督”,我国新闻媒体常常超越审判程序抢先做出定性报道,干扰审判机关独立办案,影响司法公正。二是中国的新闻传媒具有浓厚的官方色彩,新闻监督形成不良司法压力。三是新闻监督还不成熟,有些媒体为追求轰动效应,报道有失客观。第四,新闻监督发展的还不成熟,新闻媒体在报道时法制意识不强。第三部分解决两者之间冲突的几点思考。首先通过比较研究的方法考察一些主要法治国家以及一些国际公约对媒体监督与司法独立的关系的有关规定,从中总结出成功的经验以备我国借鉴。解决审判独立与新闻监督的冲突,是一个值得深入探讨的复杂问题。通过借鉴上述有关经验,建议在我国宪政体制下,结合实际,建立和完善以下制度：一是建立规范的新闻监督机制,加强媒体的自律性,提高法制新闻记者的专业化程度。二是从审判机关的角度看,应积极应对新闻监督,进一步深化新闻发言人制度,加强媒体与审判机关的良性互动,减少对案件报道的限制。最后,文章结合前述论证,并立足于当前中国新闻媒体监督司法的现状,提出规范新闻监督机制、审判进一步公开、补充立法空白等一些具体的改革构想。审判独立与新闻监督作为法治社会两个重要基石,要实现两者的良性互动,我们既要恪守审判独立和司法公正,又要鼓励新闻舆论监督和言论自由,同时加强司法审判职能和新闻舆论监督职能的内在衔接,使两种价值观都得到充分的实现。在践行依法治国和构建和谐社会的过程中,我们有理由相信,两种价值取向会在冲突中得到日益完善的平衡统一。
[Abstract]:The judicial activity of news supervision in our country is still in the primary stage. How to construct the system and norm of benign interaction and harmonious development between the news media and the court is a practical problem to be studied and solved. In view of the fact that our country is in the development stage of the rule of law, there is no doubt that the extraterritorial experience of rule of law has very important reference value. Therefore, the article starts with the conflict and balance between the independence of the trial and the supervision of the news. Combined with the advanced concepts and system designs of some foreign countries, this paper analyzes and reflects on the deviation existing in the present relationship between the two countries, and reveals the problem in order to find a solution to the problem. The article is divided into three parts: the first part is the unity of opposites between judicial independence and news supervision. Starting with the analysis of the two concepts, the author clarifies that there should be a harmonious relationship between news supervision and judicial independence, both of which have the function of maintaining justice and realizing fairness, and are beneficial to restricting public power. At the same time, there are contradictions and conflicts in the actual operation of the two industries. Due to the obvious differences between the logic of the two industries, there is an inherent tension between the two. The second part is the deviation of the relationship between news supervision and trial independence. Through reviewing some typical domestic cases in recent years, this paper summarizes the current situation of the conflict between media supervision and judicial independence by means of empirical analysis. First, media "offside supervision". The news media of our country often overstep the trial procedure to preempt the qualitative report, interfere with the independent handling of cases by the judicial organs, and affect the judicial justice. Second, China's news media has a strong official color, news supervision formed bad judicial pressure. Third, news supervision is not mature, some media in pursuit of sensational effect, the report is not objective. Fourth, the development of news supervision is not mature, the news media is not strong sense of the legal system. The third part deals with the conflict between the two. First of all, through the comparative study of some major countries ruled by law and some international conventions on the relationship between media supervision and judicial independence, the successful experience can be summarized for reference by our country. Resolving the conflict between the independence of trial and the supervision of news is a complex problem worthy of further discussion. By drawing lessons from the above experience, it is suggested that the following systems should be established and perfected under the constitutional system of our country: first, to establish a standardized news supervision mechanism, to strengthen the self-discipline of the media, and to improve the specialization of legal journalists. Second, from the perspective of the judicial organs, we should actively deal with news supervision, further deepen the system of press spokesmen, strengthen the benign interaction between the media and the judicial organs, and reduce the restrictions on the reporting of cases. Finally, based on the above argumentation, and based on the current situation of Chinese news media supervision and judicature, this paper puts forward some concrete reform ideas, such as standardizing the news supervision mechanism, opening the trial further, supplementing the legislative blank, and so on. Judicial independence and press supervision are two important cornerstones of a society ruled by law. In order to realize the positive interaction between the two, we should not only abide by the independence of trial and judicial justice, but also encourage the supervision of press and public opinion and freedom of speech. At the same time, strengthen the internal connection of judicial function and news supervision function, so that the two values can be fully realized. In the process of governing the country according to law and building a harmonious society, we have reason to believe that the two values will be more and more balanced and unified in the conflict.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.2;G206;D922.16

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