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传媒监督与审判权独立,是现代各民主法治国家不可或缺的两个基本要素。审判权独立的目的是为了追求司法公正,而媒体监督具有促进审判独立、审判公开和审判公正的作用。但同时传媒监督与审判权独立之间也存在着冲突,而且随着传媒监督力度的进一步加强和审判权独立行使的逐步落实,两者之间的冲突日益严重和复杂。实践证明,任何试图回避和消除这种冲突的想法,是不现实的,也是有害的。我们唯一能做的,就是如何在这种冲突中进行协调,使两者处于一种健康、合理的紧张关系中。本文拟从二者社会功能的角度入手,探寻矛盾的根源,在分析论证的基础之上,提出解决的途径,让二者共生共荣,继续发挥其应有的作用。
The independence of media supervision and judicial power is an indispensable two basic elements of modern democratic and law-based countries. The purpose of the independence of judicial power is to pursue judicial justice, and media supervision has the function of promoting the independence of the trial, the open trial and the fair trial. However, there are also conflicts between the media supervision and the independence of the judicial power. With the further strengthening of media supervision and the gradual implementation of the independent exercise of the judicial power, the conflicts between the two have become increasingly serious and complex. Practice has proved that any attempt to evade and eliminate such conflicts is unrealistic and harmful. The only thing we can do is to coordinate the conflicts so that the two are in a healthy and reasonable tension. This article intends to start from the perspective of both social functions and explore the root causes of contradictions. Based on the analysis and argumentation, this article proposes ways to solve the problems so that the two can coexist and prosper and continue to play their due role.