论舆论监督、媒体审判与刑事司法独立关系-《南京师大学报（社会科学版）》

文章信息/Info

Title:: Supervision by Public Opinions，Trial by Media and Independence ofCriminal Justice

Keywords:: independence of criminal justice; supervision by public opinions; trial by media

摘要:: 随着民众参与司法之理念深入人心，媒体对刑事案件报道的透明性增强，一批具有鲜明特点的典型案例群出现在刑法理论研究视野，每一个案均从不同角度展现着公众舆论监督与刑事司法独立性之间的交织与博弈。基于本质属性的相异，舆论监督与刑事司法独立之冲突由来已久，而二者均具有合宪性与合理性依据，良好的制度设计应当在二者之间保持合理张力。通过理论与实务层面的探讨，有必要以促进司法公正为契合点，展现舆论监督的异化过程，归纳媒体审判的形成原因，并于该基础上对舆论监督的原则、监督角色的定位、监督主体的自律等方面提出对策，对司法独立原则的真正含义、司法独立原则的程序价值作出剖析，继而设计出二者之间良性互动的制度框架。

Abstract:: At present，the public participation in judicial procedures has become increasingly popular andmedia reports on criminal cases more transparent. This has brought about a group of typical cases whichshowcase the tension between the supervision by public opinions and the independence of criminal justice fromdifferent perspectives. Due to the differences in their basic principles，the supervision by public opinions haslong been in conflict with the independence of criminal justice，though they are both based on constitutionallegitimacy and objective rationality. A good institutional design should strike a balance between them，whichdepends on adequate exploration in both theory and practice. To achieve this goal，it is necessary for us toanalyze how the supervision by public opinions is alienated and why the trial executed by the media take shapein order to promote the judicial justice. On this basis，we have to work out good measures for building effectiveprinciples of the supervision by public opinions，defining the right position for those who are involved in thesupervision，and ensuring the self-discipline of the supervisors. A good institutional framework where thepublic supervision can interact with judicial independence productively also lies in due understanding of thetrue meaning of the principle of judicial independence and the value of its procedures.