信息时代下我国法官的媒介素养探究
发布时间：2019-01-20 18:20
【摘要】：在当今web2.0的信息时代下，司法制度在短时间内还不能充分健全，司法实践中法官受到各方因素的影响和控制而不能独立审判的现象仍很普遍。除了媒体从业人员需要有法律素养以外，法官也迫切地需要具备媒介素养，而不是一味地被媒体牵着鼻子走，再责其为“媒介审判”。 近年来，先后出现的刘涌案、张金柱案、许霆案等引起全国关注，无不反映了法官与媒体从业人员的这种相辅相成、互相制约的关系，迫切地要求法官及其他法律从业人员必须树立媒介素养的意识，从而不在审判中处于被动，进而达到独立审判。 有相关学者指出：“法官审案，理应不受其他行政机关、社会团体和个人的干涉，甚至不受法院的干涉，，当然不受媒体舆论的干涉。法院审案，不受上级法院的干涉，当然也更不受媒体舆论的干涉。而偏偏我们中国的司法机关容易被社会舆论所左右，这不是说我们的新闻媒体比其他国家的媒体有影响力，而恰恰说明了中国的法官还缺乏独立的地位和理念。” 信息时代下，法官迫切需要提高媒介素养。无论是新闻叙事还是网民，都会对法官产生或大或小的影响。为法官找到提升媒介素养的途径，杜绝“媒介审判”、“专家审判”、“草根审判”，正是此文的意义所在。 本文从媒介素养的缘起内涵入手，通过分析信息时代下法官的角色地位，试图找出当前法官迫切需要媒介素养的理论依据。本文将着重分析法官媒介素养突显的特点及其诟病，并借鉴国外的一些法规法条及其著名案例，来作为对我国法官媒介素养内容的对比，从中得到一些启示，最终探寻出提升法官媒介素养的解决方案。
[Abstract]:In the information age of web2.0, the judicial system can not be fully perfected in a short period of time. In judicial practice, judges are influenced and controlled by various factors and cannot be tried independently. In addition to the media practitioners need to have legal literacy, judges also urgently need to have media literacy, rather than blindly led by the media to walk, and then blame it as "media trial." In recent years, the Liu Yong case, the Zhang Jinzhu case, and the Xu Ting case, which have successively appeared, have attracted the attention of the whole country. All of them reflect the complementary and mutually restricted relationship between judges and media professionals. Judges and other legal practitioners must establish the awareness of media literacy so as not to be passive in the trial and then to achieve independent trial. Some scholars have pointed out: "judges should not be interfered with by other administrative organs, social organizations and individuals, or even by the courts, but certainly not by the media and public opinion." Court cases are not interfered with by higher courts and, of course, by media opinion. But just because our Chinese judiciary is easily influenced by public opinion, this is not to say that our news media is more influential than the media of other countries, but it precisely shows that Chinese judges still lack an independent position and concept. " In the information age, judges urgently need to improve their media literacy. No matter news narration or netizen, can produce to judge or big or small influence. To find a way to improve the media literacy for judges, to put an end to "media trial", "expert trial", "grassroots trial", is the meaning of this article. Starting with the origin of media literacy, this paper tries to find out the theoretical basis for the urgent need of media literacy by analyzing the role of judges in the information age. This paper will focus on the analysis of the characteristics and criticism of judges' media literacy, and draw lessons from some foreign laws and regulations and famous cases, as a comparison of the content of our judges' media literacy, and get some enlightenment from it. Finally, to explore a solution to improve the media literacy of judges.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：G206;D926.2
本文编号：2412279
[Abstract]:In the information age of web2.0, the judicial system can not be fully perfected in a short period of time. In judicial practice, judges are influenced and controlled by various factors and cannot be tried independently. In addition to the media practitioners need to have legal literacy, judges also urgently need to have media literacy, rather than blindly led by the media to walk, and then blame it as "media trial." In recent years, the Liu Yong case, the Zhang Jinzhu case, and the Xu Ting case, which have successively appeared, have attracted the attention of the whole country. All of them reflect the complementary and mutually restricted relationship between judges and media professionals. Judges and other legal practitioners must establish the awareness of media literacy so as not to be passive in the trial and then to achieve independent trial. Some scholars have pointed out: "judges should not be interfered with by other administrative organs, social organizations and individuals, or even by the courts, but certainly not by the media and public opinion." Court cases are not interfered with by higher courts and, of course, by media opinion. But just because our Chinese judiciary is easily influenced by public opinion, this is not to say that our news media is more influential than the media of other countries, but it precisely shows that Chinese judges still lack an independent position and concept. " In the information age, judges urgently need to improve their media literacy. No matter news narration or netizen, can produce to judge or big or small influence. To find a way to improve the media literacy for judges, to put an end to "media trial", "expert trial", "grassroots trial", is the meaning of this article. Starting with the origin of media literacy, this paper tries to find out the theoretical basis for the urgent need of media literacy by analyzing the role of judges in the information age. This paper will focus on the analysis of the characteristics and criticism of judges' media literacy, and draw lessons from some foreign laws and regulations and famous cases, as a comparison of the content of our judges' media literacy, and get some enlightenment from it. Finally, to explore a solution to improve the media literacy of judges.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：G206;D926.2
【参考文献】
相关期刊论文 前3条
1 庞凌;司法如何介入政治[J];法学;2002年11期
2 顾培东;论对司法的传媒监督[J];法学研究;1999年06期
3 刘斌;论传媒与司法公正鍍[J];社会科学论坛;2005年06期
本文编号：2412279
本文链接：https://www.wllwen.com/falvlunwen/gongjianfalunwen/2412279.html
