电视媒体报道侦查阶段刑事案件的合理界限
发布时间：2019-08-10 07:32
【摘要】：电视媒体对侦查阶段的未决刑事案件进行报道,在行使社会监督职能的同时,也满足了公众的知情权。然而,如果报道失当,甚至让犯罪嫌疑人在电视上认罪或指认他人犯罪,则会妨碍公正司法,削弱司法权威,进而对嫌疑人的隐私和人格尊严构成挑战。为电视报道设定一个宪法性的分析框架,有助于探寻和明确报道的合理边界,并在此基础上逐步形成一套准则,以确保电视媒体在报道未决刑事案件时,能够在新闻自由、司法公正和个人权利之间维系动态的平衡。应进一步规范电视媒体的喉舌功能,阻却电视媒体和侦查机关之间关系的异化,扩张无罪推定原则的适用,保护当事人隐私和人格尊严。允许受侵害的当事人依照一般人格权条款请求私法救济,并通过建立侦查机关新闻发言人制度,强化媒体自律和相关机构的职业伦理,不断完善电视报道的公正性和适当性。
[Abstract]:The TV media reports the outstanding criminal cases in the investigation stage, which not only exercises the social supervision function, but also satisfies the public's right to know. However, if the report is misreported, or even allow the suspect to plead guilty or identify others on television, it will hinder the fair administration of justice, weaken the judicial authority, and thus challenge the privacy and human dignity of the suspect. The establishment of a constitutional analytical framework for television reports is helpful to explore and clarify the reasonable boundaries of reporting, and on this basis, a set of guidelines is gradually formed to ensure that the television media can maintain a dynamic balance between freedom of the press, judicial justice and individual rights when reporting outstanding criminal cases. We should further standardize the mouthpiece function of TV media, block the alienation of the relationship between TV media and investigation organs, expand the application of the principle of presumption of innocence, and protect the privacy and human dignity of the parties concerned. The aggrieved parties are allowed to request private law relief in accordance with the provisions of general personality rights, and the fairness and appropriateness of television reports are constantly improved by establishing the press spokesman system of the investigation organs, strengthening the self-discipline of the media and the professional ethics of the relevant organizations.
【作者单位】： 四川大学人权法律研究中心;
【分类号】：D925.2
，
本文编号：2525069
[Abstract]:The TV media reports the outstanding criminal cases in the investigation stage, which not only exercises the social supervision function, but also satisfies the public's right to know. However, if the report is misreported, or even allow the suspect to plead guilty or identify others on television, it will hinder the fair administration of justice, weaken the judicial authority, and thus challenge the privacy and human dignity of the suspect. The establishment of a constitutional analytical framework for television reports is helpful to explore and clarify the reasonable boundaries of reporting, and on this basis, a set of guidelines is gradually formed to ensure that the television media can maintain a dynamic balance between freedom of the press, judicial justice and individual rights when reporting outstanding criminal cases. We should further standardize the mouthpiece function of TV media, block the alienation of the relationship between TV media and investigation organs, expand the application of the principle of presumption of innocence, and protect the privacy and human dignity of the parties concerned. The aggrieved parties are allowed to request private law relief in accordance with the provisions of general personality rights, and the fairness and appropriateness of television reports are constantly improved by establishing the press spokesman system of the investigation organs, strengthening the self-discipline of the media and the professional ethics of the relevant organizations.
【作者单位】： 四川大学人权法律研究中心;
【分类号】：D925.2
，
本文编号：2525069
本文链接：https://www.wllwen.com/falvlunwen/susongfa/2525069.html
