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传媒在判决结果确定之前的倾向性报道和评论,受到法律形式主义的广泛批评,泸州“二奶继承案”的判决,不同于法律推理结论以致被认为是媒体审判的结果。法律效果、社会影响和政治后果是中国司法需要考量的三个要素,判决的社会影响和政治后果具有比法律效果更高的权重,因此在三者存在冲突的情况下,传媒式司法应当舍弃法律推理的结论,作出偏重于社会影响和政治后果的判决。媒体审判的功能在于提供判决的参考意见,而法院则需要在考量此种意见的法律、社会和政治后果的基础上作出裁决。
The media’s tendentious reports and comments prior to the verdict of the verdict have been widely criticized by legal formalism. The judgment of Luzhou’s succession of mistresses is different from that of legal reasoning and is regarded as the result of media trial. The legal effect, social influence and political consequence are the three factors that need to be considered in China’s judiciary. The social and verbal judgments of the judgments have more weight than the legal effect. Therefore, in case of conflict between the three, media-based justice should abandon the law Reasoning conclusion, making a judgment that has a bias on social and political consequences. The function of a media trial is to provide a reference to the verdict, and the court needs to decide on the legal, social and political consequences of such an opinion.