网络时代我国法官媒介素养教育研究

发布时间：2018-03-24 05:24

本文选题：网络时代　切入点：法官　出处：《安徽大学》2017年硕士论文

【摘要】：网络时代是一个高度自由开放的多元时代,网络媒介高度发达,媒介信息繁纷复杂、良莠不齐,对社会大众的日常生活和工作学习影响越来越大。法官作为社会大众的一份子,同样生活和工作在网络环境之中,接触和使用网络媒介及其信息早已是其生活和工作的一部分,潜移默化之中也会受到网络媒介及其信息的影响。我国法治建设不断推进,公民的法治观念、法律权利意识及其维权能力不断提高,越来越关注法律案件的审判。监督报道司法审判一直是网络媒介的重要工作内容。网络媒介追逐新闻价值、商业利益和社会轰动效应的这些先天特性,决定了法官这一群体是网络媒体关注的焦点,特别是在今天强调发挥媒介舆论监督司法的法治社会。这就导致网络媒介舆论对法官的工作影响会越来越大,且以负面影响居多,如舆论审判。但当前我国法官整体媒介素养普遍偏低,不具备熟练应用网络媒介信息的技能,缺乏有效处理网络媒介对其审判工作的干扰,不能有效应对处理"网络审判"。同时,法官也没有树立网络时代的新闻观和"新闻话语权"意识,缺乏尊重网络媒介舆论监督权和给予网络媒介舆论监督以宽容。在网络时代下要求法官具备网络媒介素养,是缓解法官与网络传媒对抗的现实要求、是顺应网络发展趋势的时代要求、是法官职业完善发展的自身要求,也是网络媒体监督越位的倒逼和审判公开趋势的推动。提高法官媒介素养已成为当下解决司法与媒体冲突关系的重要手段,也是提高法官综合素养和审判工作能力的迫切要求。但目前我国的法官媒介素养教育还主要理论研究阶段,尚未形成完善的法官媒介素养教育体系,法官的媒介素养亟需提高。造成上述现象的原因主要有法官媒介素养教育理论不足、法官学习媒介素养意识薄弱以及法官媒介素养教育投入不足等。要在短时间内整体提高法官的媒介素养,教育则是最为有效的提升途径。法官媒介素养教育作为一项系统工程,需要明确其教育目标定位,明确其教育内容和能力要求。对法官进行媒介素养教育,除了要掌握媒介素养教育的一般内容外,还应掌握司法与媒体的关系、法官审理案件与媒体报道案件的区别和联系、如何处理"媒体审判"、"网络审判"等专业内容;同时还应具备以下能力:舆论搜集与评估能力、舆论引导能力、处理媒体庭审报道的能力。进行法官媒介素养教育,需要进行顶层设计,将法官媒介素养教育写入《人民法院第五个五年改革纲要》,为进行法官媒介素养教育提供政策保障;需要加大法官媒介素养教育投入,为法官媒介素养教育提供经费保障;通过完善法官学院法官媒介素养教育,为进行法官媒介素养教育提供师资培训、教学教材以及教学场地保障等;同时还要重视法学院校的媒介素养教育,做到法官媒介素养教育从法学学生抓起。
[Abstract]:The network age is a highly free and open multivariate era. The network media is highly developed, the media information is complex, the good and bad are intermingled, and the influence on the daily life and work and study of the public is increasing. Judge is a member of the public. Also living and working in the network environment, contact and use of network media and their information has long been a part of their lives and work, and will also be influenced by network media and their information. Citizens' concept of rule of law, awareness of legal rights and their ability to protect their rights have been improving, and more and more attention has been paid to the trial of legal cases. The supervision and reporting of judicial trials has always been an important part of the work of the network media, which pursues the value of news. These innate characteristics of commercial interests and social sensations determine that the judges are the focus of attention in the network media. Especially today, the emphasis is placed on the rule of law society in which the media and public opinion supervise the administration of justice. This has led to the increasing influence of Internet media public opinion on the work of judges, and the majority of the negative effects. For example, public opinion trial. But at present, the overall media literacy of judges in our country is generally low, they do not have the skills of skilled application of network media information, and they lack the ability to deal effectively with the interference of network media to their trial work. At the same time, the judges have not set up the news view and the consciousness of "news discourse right" in the network era. The lack of respect for the right of public opinion supervision of the network media and the tolerance of the supervision of the public opinion of the network media. In the network age, it is a realistic requirement to ease the confrontation between the judges and the network media by requiring judges to possess the qualities of the network media. It is the requirement of the times to conform to the development trend of the network, and the self-requirement of the professional perfection of the judges. It is also the push of offside supervision of network media and the promotion of trial publicity. Improving the media literacy of judges has become an important means to resolve the relationship between judicature and media conflict. It is also an urgent requirement to improve the judges' comprehensive literacy and the ability of judicial work. But at present, the judges' media literacy education in our country is still the main theoretical research stage, and has not yet formed a perfect system of judges' media literacy education. The media literacy of judges needs to be improved urgently. The reasons for the above phenomenon are mainly lack of the theory of judges' media literacy education. In order to improve the media literacy of judges in a short period of time, education is the most effective way to promote it. As a systematic project, the education of judges' media literacy is a systematic project. It is necessary to define its educational objective, its educational content and its ability requirements. In addition to mastering the general content of media literacy education, judges should also master the relationship between the judiciary and the media. How to deal with the professional contents such as "media trial" and "network trial" and how to deal with the professional contents such as "media trial" and "network trial"; at the same time, they should also have the following abilities: the ability of collecting and evaluating public opinion, the ability of guiding public opinion, The ability to deal with the media reports in court. To carry out the media literacy education of judges, it is necessary to carry out the top-level design and write the education of the judges' media literacy into the fifth five-year reform outline of the people's Court, so as to provide policy guarantee for the education of the judges' media literacy. It is necessary to increase the investment in the media literacy education of judges, to provide financial guarantee for the media literacy education of judges, and to provide teacher training for the media literacy education of judges through perfecting the media literacy education of judges in the judges' colleges. At the same time, we should pay attention to the media literacy education in law colleges and universities, so that the judges' media literacy education should be started from the law students.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2

【参考文献】