本文认为法院的审判在保持司法公正的基础上公开审判由舆论监督以便由一定的标准和尺度来衡量。司法公正是法治国家的应有品质,也是实现法治的根本保障。当司法与媒体对某些案件是否公开、如何公开发生争议时,应当允许媒体有要求听证的权利和复议的权利。审判在一定程度上考虑民意又不屈从于民众的激情;媒体通过自己的报道和评论影响个案的裁决,又通过个案去触及“社会的敏感穴位”。这是民主社会中,媒体与司法的一种正常关系。 This article argues that the trial of the court, on the basis of maintaining judicial impartiality, should be openly adjudicated by public opinion so as to be measured by certain standards and standards. Judicial fairness is the due quality of a country governed by law and it is also the fundamental guarantee for the realization of the rule of law. When the judiciary and the media openly dispute the openness of certain cases, the media should be allowed the right to request a hearing and the right to make a reconsideration. The trial, to a certain extent, takes into account public opinion and does not yield to the passion of the people. The media, through its own reports and commentary, affects individual case rulings and through individual cases touches the “sensitive points of society.” This is a normal relationship between the media and the judiciary in a democratic society.