我国新闻舆论监督对司法公正的影响及规范研究
发布时间：2018-12-18 11:10
【摘要】：传统媒体和新兴媒体共同给新闻舆论提供了更加时效便捷的环境。其中新闻舆论监督司法公正成为民众最为关注的焦点领域,新闻舆论在监督司法机关,促进司法公正方面所起到的积极作用是有目共睹的,但是监督过程中产生的冲突甚至矛盾也显而易见的。新闻舆论监督是通过何种方式影响司法独立和司法公正的及新闻舆论对司法产生影响的原因,并找到规范新闻舆论监督司法的行为,促进司法公正是本文旨在研究的重点。 法律的相对滞后性和我国不尽完善的司法制度需要新闻舆论的监督,我国的法律保障新闻舆论监督司法的权利,这就是说新闻舆论有监督司法公正的现实必然性和法律依据。但是在司法实践中,由于舆论监督主体把权利当权力导致“媒介审判”,发表过激、不当的舆论给司法审判造成巨大舆论压力,产生了一些负面影响。通过分析研究,笔者发现新闻舆论监督对司法公正产生负面影响既有表面的原因,又有深层次的原因。问题和原因明亮后规范我国新闻舆论监督体系,促进司法公正就是论文的最终落脚点。本文主要从自律和他律两个方面进行分析。自律包括建立和完善媒体舆论行业协会,充分发挥媒体行业协会的作用;设立网络自律专员,充分发挥网络自律专员的“把关人”作用;实行网络实名制,使网络舆论主体自觉自愿的承担起社会责任。他律包括完善舆论监督法律法规,保障和规范新闻舆论监督行为;建立和完善问责追惩机制,加大对舆论过激过度、越位监督司法的惩戒力度;运用技术手段,加强舆论监管。以此来规范和纠正新闻舆论过当监督司法的行为,促进舆论健康发展。
[Abstract]:The traditional media and the emerging media provide a more time-effective and convenient environment for the news public opinion. Among them, the supervision of judicial justice by public opinion has become the focus area that people pay most attention to, and the positive role that news public opinion plays in supervising judicial organs and promoting judicial justice is obvious to all. But the conflicts and even contradictions in the process of supervision are obvious. How to influence the independence and justice of the judiciary and the reasons of the influence of the public opinion on the administration of justice, and to find out how to regulate the behavior of the supervision of the judiciary by the public opinion of the news, and to promote the judicial justice is the focus of this paper. The relative lag of the law and the imperfect judicial system of our country need the supervision of the news public opinion. The law of our country guarantees the right of the news public opinion to supervise the judicature, which means that the news public opinion has the realistic inevitability and legal basis to supervise the judicial justice. But in the judicial practice, because the public opinion supervises the subject to take the right as the power, causes "the medium trial", the publication excesses, the improper public opinion causes the huge public opinion pressure to the judicial trial, has produced some negative influence. Through analysis and research, the author finds that the negative influence of news supervision on judicial justice is both superficial and deep-seated. The final goal of the thesis is to standardize the supervision system of China's news public opinion and promote judicial justice after bright problems and reasons. This article mainly carries on the analysis from two aspects: self-discipline and heteronomy. Self-discipline includes establishing and perfecting the association of media opinion profession, giving full play to the role of the association of media industry, setting up the self-discipline commissioner of the network, giving full play to the role of "gatekeeper" of the self-discipline commissioner of the network; Practice network real name system, make network public opinion main body voluntarily undertake social responsibility. Heteronomy includes perfecting the laws and regulations of public opinion supervision, ensuring and standardizing the behavior of public opinion supervision, establishing and perfecting the mechanism of accountability, chasing and punishing, increasing the punishment of excessive public opinion and over-supervision of public opinion, and strengthening the supervision of public opinion by means of technical means. In order to regulate and correct the judicial behavior of media supervision, promote the healthy development of public opinion.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：G219.2;D926
本文编号：2385757
[Abstract]:The traditional media and the emerging media provide a more time-effective and convenient environment for the news public opinion. Among them, the supervision of judicial justice by public opinion has become the focus area that people pay most attention to, and the positive role that news public opinion plays in supervising judicial organs and promoting judicial justice is obvious to all. But the conflicts and even contradictions in the process of supervision are obvious. How to influence the independence and justice of the judiciary and the reasons of the influence of the public opinion on the administration of justice, and to find out how to regulate the behavior of the supervision of the judiciary by the public opinion of the news, and to promote the judicial justice is the focus of this paper. The relative lag of the law and the imperfect judicial system of our country need the supervision of the news public opinion. The law of our country guarantees the right of the news public opinion to supervise the judicature, which means that the news public opinion has the realistic inevitability and legal basis to supervise the judicial justice. But in the judicial practice, because the public opinion supervises the subject to take the right as the power, causes "the medium trial", the publication excesses, the improper public opinion causes the huge public opinion pressure to the judicial trial, has produced some negative influence. Through analysis and research, the author finds that the negative influence of news supervision on judicial justice is both superficial and deep-seated. The final goal of the thesis is to standardize the supervision system of China's news public opinion and promote judicial justice after bright problems and reasons. This article mainly carries on the analysis from two aspects: self-discipline and heteronomy. Self-discipline includes establishing and perfecting the association of media opinion profession, giving full play to the role of the association of media industry, setting up the self-discipline commissioner of the network, giving full play to the role of "gatekeeper" of the self-discipline commissioner of the network; Practice network real name system, make network public opinion main body voluntarily undertake social responsibility. Heteronomy includes perfecting the laws and regulations of public opinion supervision, ensuring and standardizing the behavior of public opinion supervision, establishing and perfecting the mechanism of accountability, chasing and punishing, increasing the punishment of excessive public opinion and over-supervision of public opinion, and strengthening the supervision of public opinion by means of technical means. In order to regulate and correct the judicial behavior of media supervision, promote the healthy development of public opinion.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：G219.2;D926
【引证文献】
相关硕士学位论文 前2条
1 唐金凤;我国媒体报道对司法公正的影响[D];暨南大学;2012年
2 袁丹丹;论社会主义法治理念下的司法公正实现路径[D];中南民族大学;2012年
，本文编号：2385757
本文链接：https://www.wllwen.com/falvlunwen/gongjianfalunwen/2385757.html
