媒体报道与民事审判

发布时间：2018-08-16 17:08

【摘要】：随着民主法治建设进程的加快及公民法律意识的提高,社会对于公共事务的认知在在加强,对公共事务及社会事务的参与感也随之加强,民众要求参与社会事务的管理的意愿也越发迫切。司法权作为公共权力的一种,成为了社会公众对之进行监督的重要对象。大众媒体的快速发展,已经渗透了到社会生活的方方面面,成为了社会公众对社会事务进行监督和关注的重要媒介。民事案件尤其是具有重大社会影响的案件,媒体对案件的审理过程及审判结果有着极大的兴趣。媒体报道与民事审判就本质来讲,其价值目标是相同的,都是为了追求公平正义等价值理念的实现,所以媒体报道在一定程度上影响了民事审判,对审判过程的透明性及审判结果的公正性有着积极的作用。但是,媒体审判自身具有的特定及运作方式,加之对大众媒体监督司法审判的立法缺失,实践中媒体在司法活动中产生了消极影响,不利于审判公正与中立。本文从媒体报道与民事审判的关系及媒体审判的功能方面,进行进一步阐述,结合我国司法实践,提出改革和完善的建议。
[Abstract]:With the speeding up of the construction of democracy and the rule of law and the improvement of citizens' legal consciousness, the social cognition of public affairs is being strengthened, and the sense of participation in public affairs and social affairs has also been strengthened. The will of the people to participate in the management of social affairs is also becoming increasingly urgent. Judicial power, as a kind of public power, has become an important object of public supervision. The rapid development of mass media has infiltrated all aspects of social life and become an important medium for the public to supervise and pay attention to social affairs. Civil cases, especially those with significant social impact, have great interest in the trial process and the outcome of the case. Media reports and civil trials are essentially the same value goals, both for the realization of value concepts such as fairness and justice, so media reports to a certain extent affect civil trials. It plays a positive role in the transparency of the trial process and the fairness of the trial results. However, the media trial itself has its own specific and operational mode, coupled with the lack of legislation on the mass media supervision of judicial trial, the media has a negative impact on judicial activities in practice, which is not conducive to the fairness and neutrality of the trial. This paper further expounds the relationship between media report and civil trial and the function of media trial, and puts forward some suggestions for reform and perfection combined with our country's judicial practice.
【作者单位】：北京市西城区人民法院;
【分类号】：D926

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