法眼看辽宁西丰“拘传记者案”

辽宁西丰"拘传记者案"是地方公共权力侵犯公民宪法权利,侵害传媒新闻自由权,侵犯记者人身自由权的典型案例。该案例对我们的启示是,应着重在制度层面上调整地方党政机关职权划分和完善党对地方事务,尤其是司法事务的领导方式;在法律层面上进一步完善《刑法》、《刑事诉讼法》等相关法律,细化公安机关和检察机关司法行为的法定要件,特别是要尽快完善关于记者权利保护的立法等,以更好地保障新闻媒体和社会大众对我国各级国家机关及其工作人员进行舆论监督。

A Case Study on Coercive Summons against Journalist in Xifeng County of Liaoning Province from a Legal Perspective

The summons against journalist in Xifeng county of Liaoning province is a very typical case which is concerned with the infringement of the citizen＇ s constitutional rights, the media＇ s freedom of expression and the journalist＇ s personal freedom by the local powers. By analyzing and expounding the case, the present study reveals that the improvements should be made from the following aspects, first, the powers between the party and the local government shall be divided properly and party＇s leading style in the local affairs need to be improved, especially in the local judicial affairs. Second, the criminal law, criminal litigation law and other relevant laws shall be perfected, and the conditions of the legal behavior of the public security organ and the people＇ s procuratorate shall be specified, especially the litigations concerned with the journalist shall be improved in order to safeguard the citizen＇ s and the media＇ s right of supervision over the state organ and functionaries.