Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure

Protection of the Rights of the Accused in Media Report

Author HanJinQiao
Tutor GaoYiFei
School Southwest University of Political Science
Course Procedural Law
Keywords Media reports The right to a fair trial Privacy The right of reputation
CLC D925.2
Type Master's thesis
Year 2011
Downloads 65
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Today's criminal justice trial activities are increasingly influenced by the news media attention, the media trial activities news reports is both a manifestation of freedom of expression and the public's right to know the basic way to be satisfied, but also the formation of trial activity strong supervision, to prevent the black-box operation of the trial. But in the other hand, due to the media coverage makes the prosecution of persons to become the focus of attention, improper media coverage may make public its bad impression, so as to form a biased opinion situation, the courts and the judges formation pressure , thereby affecting the rights of defendants to a fair trial, there may be a result of improper reported violations of the defendants legitimate right of personality, especially privacy and reputation. How to ensure that the news media at the same time fully protect the legitimate rights of the defendants to be a problem. In view of the current status quo of academic research, improper media coverage affecting the administration of justice has attracted enough attention and research, improper media reported on the prosecution of human rights are often ignored or passed over. Attention to the news media in China's national conditions, the more valuable the conflict with the right of the prosecution. Because in the international community, the degree of protection of the prosecution of human rights be treated as citizens of a country \attention. Tasks the fight against crime and criminals, we tend to ignore the protection of the rights of the defendants. Therefore, the prosecution of human rights protection in media reports this issue to be studied is important. Text in addition to the introduction and conclusion, is divided into four parts. The first part, the media reported the legitimacy of the judicial activities. News media coverage of the criminal justice activities is justified, its legitimacy is based on four aspects. First, freedom of speech. Freedom of expression is a fundamental human right in the modern democratic society, but most ordinary people do not have the time and effort to collect, access and expression, freedom of expression must resort to the news media. Second, the public's right to know. By law citizens aware of state affairs, the right understanding of national policies, laws and regulations. The trial activities also belong to the state affairs, is also within the scope of the exercise of the public's right to know. The media reports that the public's right to know. Third, the supervision of the administration of justice. Media timely and accurately in the criminal justice reports, is conducive to open trial, to avoid the \Fourth, the legal publicity and education. The news media reported cases in the criminal justice legal literacy can play to develop the role of the law-abiding citizens. The second part, the media coverage the judicial activities conflict with the prosecution of human rights. Media reports, there are some conflicts with the prosecution of human rights. First, the impact of media reports on the prosecution of persons the right to a fair trial. Media reports easy to form the so-called trial of public opinion, people under the influence of passion, the judge may make contrary to the facts, law and rational referee. The second is the impact of media reports on the personality rights of the defendants. On the one hand, the prosecution should not be disclosed privacy, and the media may be the prosecution of human privacy information leaked to the public; defendants although there are suspects, but in other areas there are also the right of reputation, the media can not insult and defamation damage their reputation. Among them, the prosecution of human degrading refers to news reports reported on the prosecution of human behavior to a person insulting words or pictures; defamation prosecution of human and news media intentionally or negligently fabricated spread falsehoods to damage the reputation of the defendants. The third part of the media coverage by the international prosecution of human rights protection and Foreign Investigation. International rules on Civil and Political Rights, the International Convention on the relationship between the media and the judicial Madrid guidelines on this issue to make a number of provisions, the main contents of the full protection of media reports at the same time for the prosecution of human legitimate The right to set exceptions to be protected. Protection for defendants the right to a fair trial, the United States is at an early stage with the gag system, and is now mainly rely improve judicial proceedings and judges, prosecutors, lawyers on the case of speech limit, the proceedings including : strict jury screening and management system; postpone the trial; change the place of the trial, and the Court of Appeal sent back to a new trial. For the protection of personality rights of the defendants: refused to disclose the private information of the defendants; special treatment for minor criminal cases and sexual offenses and to grant legal sanctions for defamation. British measures for contempt of court penalties for improper media reported; delay or prohibit the media coverage of the court order; giving the prosecution the right to appeal; of minors prosecution of human information be kept confidential and give legal sanction for defamation. Reported as the main representative of the civil law in Germany and France on the protection of the right to a fair trial the prosecution of persons mainly rely on the professionalism of the judge, the measures include: the protection of personality rights of the defendants refused to provide specific information; particular case hearing refused as well as strictly confidential criminal record record. The fourth part, China's media reported the prosecution of human rights protection of the status quo and improve the measures. In China, media reports and the prosecution of human rights protection this contradiction does not get better, not only the rights of the media reported that the administration of justice is severely restricted, and the prosecution of human rights did not get very good protection, often the media assault prosecution of human rights phenomenon. Supreme Court in recent years some attention given to the protection of the rights of defendants, but still not enough, needs improvement measures. Measures to protect the most claimants to a fair trial: First, improve judicial proceedings, including offsite hearing, the trial was adjourned to establish in court for sentencing principles, the right to give the defendant as a result of the trial by the media intervention retried, set the jurors related systems; Second, the implementation of individual judges independent; Third, to improve the quality of judges; fourth, necessary restrictions on the remarks of the judges, prosecutors and lawyers. Measures for protection of personality rights of the defendants: First, for the prosecution of human privacy information should refuse to provide the media; Second, special protection for a particular party to the case, including minors and sex offenders for special requirements; Third, of improper media reports give the necessary legal sanctions; Fourth, the news media should strengthen self-discipline.

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