论司法独立与新闻媒体舆论监督
发布时间：2019-01-22 21:09
【摘要】：在现代社会中,司法独立和新闻媒体舆论监督都各自发挥着重要的作用,是民主社会中均不可偏废的两种价值。其中司法独立在维护人权、保障正义、维持司法公信力上发挥着不可替代的作用,同样,新闻媒体舆论监督对于新闻自由以及公民的知情权的实现也扮演着举足轻重的角色。而司法独立与新闻媒体舆论监督之间的关系也恰是宪政领域中最为敏感的领域之一,加上二者关系在理论上存在的困惑和现实当中冲突的不断呈现,使得这一问题日益成为学界关注的焦点。因此,如何构筑二者之间的关系,从而理性地指导现实机制的运作,成为当前亟待研究与解决的理论和现实问题。同时,笔者也发现,在论证新闻媒体监督与司法独立的冲突时,有关的论著更多的是抽象的谈论二者的相互关系,而对现实中媒体与司法关系的现状缺乏全面的考察。同时关于解决这一问题的措施和建议也过于笼统,细化程度不够。而随着网络媒体的兴起,这一问题却变得更加复杂,因此,继续深入地探讨这一问题,仍然具有很大的学理意义和实践价值。 针对这一问题,笔者主张深入并多角度的分析二者之间冲突的原因,同时要正视二者之间完全具有良性互动的现实基础和理论基础。在如何构建二者之间平衡的问题上,笔者认为,要正确对待立法缺失这一问题以及立法的现实困境,主张应先对立法困境拿出解决方案进而提出完善立法的建议。同时,需从司法和新闻媒体两方面均进行改革从而达到两者之间的平衡和良性互动。 本文的论述结构如下： 第一部分主要介绍了司法独立与新闻媒体舆论监督权的相关基本理论,包括司法独立的价值分析、新闻媒体舆论监督的价值和功能的相关阐述； 第二部分主要是着眼于司法独立与新闻媒体监督权之间关系的解析。主要包括对二者之间契合点的分析,以阐明二者有良性互动的基础,以及二者在现实中所存在的冲突状态以及存在冲突的原因,为理性地处理二者之间的关系找准对策的入口。 第三部分主要介绍其他国家相应的制度与经验,其中包括欧美法系、大陆法系典型的制度以及相关的国际规则,为我国理性地构建二者关系提供重要启示和借鉴经验。 第四部分主要提出了如何构建二者之间的平衡的措施体系,分别从完善立法的角度、司法独立角度,新闻媒体舆论监督角度系统论述笔者的思考和建议。最后提出相关的余论。
[Abstract]:In modern society, judicial independence and media supervision play an important role, which are two values that can not be neglected in democratic society. Judicial independence plays an irreplaceable role in safeguarding human rights, safeguarding justice and maintaining judicial credibility. Similarly, media supervision plays an important role in the realization of press freedom and citizens' right to know. The relationship between judicial independence and media supervision is also one of the most sensitive areas in the field of constitutionalism, plus the confusion in theory and the continuous emergence of conflicts in reality. Make this issue increasingly become the focus of academic attention. Therefore, how to construct the relationship between the two, so as to guide the operation of practical mechanism rationally, has become a theoretical and practical problem to be urgently studied and solved. At the same time, the author also found that, when demonstrating the conflict between the supervision of the news media and the independence of the judiciary, the related works are more abstract about the relationship between the two, but lack of a comprehensive investigation of the current situation of the relationship between the media and the judiciary in reality. At the same time, the measures and suggestions to solve this problem are too general, the degree of refinement is not enough. However, with the rise of network media, this problem has become more complicated. Therefore, it is still of great theoretical significance and practical value to continue to explore this problem in depth. In view of this problem, the author advocates to analyze the causes of the conflict between the two from many angles, and to face up to the fact that there is a positive interaction between them both in reality and in theory. On the question of how to construct the balance between the two, the author thinks that in order to correctly deal with the problem of lack of legislation and the realistic dilemma of legislation, we should first put forward a solution to the dilemma of legislation and then put forward some suggestions to perfect the legislation. At the same time, both judicial and news media should be reformed in order to achieve a balance and positive interaction between the two. The structure of this paper is as follows: the first part mainly introduces the basic theories of judicial independence and media supervision power, including the value analysis of judicial independence, the value and function of news media supervision; The second part mainly focuses on the analysis of the relationship between judicial independence and news media supervision power. It mainly includes the analysis of the joint point between the two, in order to clarify the basis of their benign interaction, as well as the conflict state and the cause of the conflict in reality, and to find the entrance of the countermeasures to deal with the relationship between the two rationally. The third part mainly introduces the corresponding systems and experiences of other countries, including the European and American legal system, the typical system of the continental law system and the relevant international rules, which provides important enlightenment and reference experience for our country to construct the relationship between the two rationally. The fourth part mainly put forward how to build a balanced system of measures between the two, respectively from the perspective of improving legislation, judicial independence, news media supervision of public opinion point of view to systematically discuss the author's thoughts and suggestions. Finally, the author puts forward the relevant conclusion.
【学位授予单位】：中央民族大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926;G210
本文编号：2413559
[Abstract]:In modern society, judicial independence and media supervision play an important role, which are two values that can not be neglected in democratic society. Judicial independence plays an irreplaceable role in safeguarding human rights, safeguarding justice and maintaining judicial credibility. Similarly, media supervision plays an important role in the realization of press freedom and citizens' right to know. The relationship between judicial independence and media supervision is also one of the most sensitive areas in the field of constitutionalism, plus the confusion in theory and the continuous emergence of conflicts in reality. Make this issue increasingly become the focus of academic attention. Therefore, how to construct the relationship between the two, so as to guide the operation of practical mechanism rationally, has become a theoretical and practical problem to be urgently studied and solved. At the same time, the author also found that, when demonstrating the conflict between the supervision of the news media and the independence of the judiciary, the related works are more abstract about the relationship between the two, but lack of a comprehensive investigation of the current situation of the relationship between the media and the judiciary in reality. At the same time, the measures and suggestions to solve this problem are too general, the degree of refinement is not enough. However, with the rise of network media, this problem has become more complicated. Therefore, it is still of great theoretical significance and practical value to continue to explore this problem in depth. In view of this problem, the author advocates to analyze the causes of the conflict between the two from many angles, and to face up to the fact that there is a positive interaction between them both in reality and in theory. On the question of how to construct the balance between the two, the author thinks that in order to correctly deal with the problem of lack of legislation and the realistic dilemma of legislation, we should first put forward a solution to the dilemma of legislation and then put forward some suggestions to perfect the legislation. At the same time, both judicial and news media should be reformed in order to achieve a balance and positive interaction between the two. The structure of this paper is as follows: the first part mainly introduces the basic theories of judicial independence and media supervision power, including the value analysis of judicial independence, the value and function of news media supervision; The second part mainly focuses on the analysis of the relationship between judicial independence and news media supervision power. It mainly includes the analysis of the joint point between the two, in order to clarify the basis of their benign interaction, as well as the conflict state and the cause of the conflict in reality, and to find the entrance of the countermeasures to deal with the relationship between the two rationally. The third part mainly introduces the corresponding systems and experiences of other countries, including the European and American legal system, the typical system of the continental law system and the relevant international rules, which provides important enlightenment and reference experience for our country to construct the relationship between the two rationally. The fourth part mainly put forward how to build a balanced system of measures between the two, respectively from the perspective of improving legislation, judicial independence, news media supervision of public opinion point of view to systematically discuss the author's thoughts and suggestions. Finally, the author puts forward the relevant conclusion.
【学位授予单位】：中央民族大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926;G210
【引证文献】
相关期刊论文 前1条
1 李露雅;;论新闻媒体与我国的法制建设[J];科教文汇(上旬刊);2012年08期
，本文编号：2413559
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