对我国媒体与法院冲突的思考

媒体与法院的关系是“依法治国”所面临的一个重大理论与现实问题。从媒体追求信息实现其表达自由的本质来看,它并非具备裁判公平正义的功能,司法独立的意义不仅在于司法权不受其他政府机构的干预,而且也要独立于媒体所代表的舆论压力。协调与处理媒体与法院的关系,应以本土资源为基础,并有选择地适用域外经验,以实现媒体与法院的良性有序互动。

Consideration about the Conflicts between the Media and Courts of Our Country

The relation between the media and courts is a significant theoretical and practical problem which ruling the state by law is facing. In the nature of seeking information and obtaining the freedom of expressing, the media does not necessarily have the funetion of judging the justice. The meaning of independent justice not only lies in that the power of it isn't interefered hy other government organizations but also that it must be separated from the pressure of public opinions. Coordinating and dealing with the relation between the media and courts should be based on local resources, and make alternative use of outside experiences in order to obtain the ordered interactivities between the media and courts.