浅议舆论监督与司法独立的冲突和平衡
发布时间：2019-02-15 15:43
【摘要】：现代法治社会的理念中,司法独立与舆论监督一直是两股相互交织在一起的旋律。一个要“独”,一个要“督”,这就导致二者的交融与摩擦始终没有停止过。 随着民主法治进程的不断发展,我国法治社会建设的要求也不断提高,法治社会要求国家法律能够更全面、直观、立体的参与到社会生活中,而司法在这其中就起到了极其重要的作用,这时为了更好地实现司法公正,推进建设社会主义法治国家进程,就不可避免的对司法独立提出了更高的要求。而与此同时,民众要求对司法权监督的呼声也越来越高,这是由于现代新闻传播媒介的飞速发展,信息化、数字化、网络化的时代到来,公众在获取信息,行使监督权时对新闻媒介的依赖性也越来越大,而舆论监督的监督模式日趋完善,能动用的监督形式日益多样化,其监督深度较之以往条件下不可比拟,监督涉及到司法活动的方面也更加广泛。这样一来,司法机关在行使司法权过的过程中,就会不自觉地表现出对舆论监督的排斥性。这就有可能导致舆论监督在审判实践中与审判独立的冲突与摩擦不断加剧。 笔者寄希望在文中通过了解司法独立与舆论监督产生的来龙去脉,特别是其在我国的发展历程,分析它们发生冲突的症结之所在,在学习西方如何化解冲突的同时,结合我国目前的立法现状及司法活动中的实际情况,探讨在审判实践中,如何平衡司法独立与舆论监督这二者之间的关系。
[Abstract]:In modern legal society, judicial independence and public opinion supervision are two intertwined melodies. One wants "independence" and the other "governor", which leads to the blending and friction between the two never stopped. With the continuous development of democracy and the rule of law, the requirements of the construction of the rule of law society in our country are also increasing. The society of the rule of law requires the national law to participate in the social life more comprehensively, intuitively and stereoscopically. But the judicature has played the extremely important role in this, at this time in order to realize the judicial justice better, promotes the construction socialism legal system country process, inevitably put forward the higher request to the judicial independence. At the same time, the voice of the public for supervision of judicial power is also increasing. This is due to the rapid development of the modern news media, the arrival of an era of information, digitization and networking, and the public is getting information. When exercising the supervisory power, the dependence on the news media becomes more and more, while the supervision mode of public opinion supervision is becoming more and more perfect, the forms of supervision that can be used are becoming more diversified, and the depth of supervision is incomparable to that under the previous conditions. Oversight is also more extensive in terms of judicial activities. In this way, the judiciary in the exercise of judicial power, will unconsciously show the exclusion of public opinion supervision. This may lead to conflicts and frictions between public opinion supervision and trial independence in trial practice. The author hopes that through understanding the background of judicial independence and public opinion supervision, especially its development course in China, I hope to analyze the crux of their conflicts, and learn how to resolve conflicts in the West at the same time. Combined with the current legislative situation and the actual situation of judicial activities in our country, this paper discusses how to balance the relationship between judicial independence and public opinion supervision in judicial practice.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926;G206
本文编号：2423498
[Abstract]:In modern legal society, judicial independence and public opinion supervision are two intertwined melodies. One wants "independence" and the other "governor", which leads to the blending and friction between the two never stopped. With the continuous development of democracy and the rule of law, the requirements of the construction of the rule of law society in our country are also increasing. The society of the rule of law requires the national law to participate in the social life more comprehensively, intuitively and stereoscopically. But the judicature has played the extremely important role in this, at this time in order to realize the judicial justice better, promotes the construction socialism legal system country process, inevitably put forward the higher request to the judicial independence. At the same time, the voice of the public for supervision of judicial power is also increasing. This is due to the rapid development of the modern news media, the arrival of an era of information, digitization and networking, and the public is getting information. When exercising the supervisory power, the dependence on the news media becomes more and more, while the supervision mode of public opinion supervision is becoming more and more perfect, the forms of supervision that can be used are becoming more diversified, and the depth of supervision is incomparable to that under the previous conditions. Oversight is also more extensive in terms of judicial activities. In this way, the judiciary in the exercise of judicial power, will unconsciously show the exclusion of public opinion supervision. This may lead to conflicts and frictions between public opinion supervision and trial independence in trial practice. The author hopes that through understanding the background of judicial independence and public opinion supervision, especially its development course in China, I hope to analyze the crux of their conflicts, and learn how to resolve conflicts in the West at the same time. Combined with the current legislative situation and the actual situation of judicial activities in our country, this paper discusses how to balance the relationship between judicial independence and public opinion supervision in judicial practice.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926;G206
【引证文献】
相关硕士学位论文 前1条
1 蔡沂;微博围城[D];华东政法大学;2012年
，本文编号：2423498
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