Legal Analysis of the Tension between Media and Judiciary
|Keywords||Media Independence of the judiciary the freedom of press Communication mechanism|
Some social hot cases,such as Deng Yujiao case,Hangzhou motorcycle case, Liu yong case,Xu ting case and so on,highlight the tension between media and law.We can analyze these cases, then these cases can be divided into the following types: cases of conflict with the public officials, cases of elite status, cases of moral bottom line, cases of people’s livelihood. The attitude and methods,that the judiciary and the relevant departments treat these social hot cases, and people’s right to appeal have a gap exists. From a practical point of view,causes of the problem not only include lack of media freedom and rational but also include lack of independence of the judiciary. From the theoretical point of view, the cause is contradictory relationship between the freedom of speech and press and the right to fair trial、jurisdiction and judicial authority.Last,learning from foreign experience in legislation and practice,I have proposed Initiatives to Coordinate media and judicial relations.