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下面是我要翻译的论文的中文摘要部分:中文摘要:近年来,由于我国民主进程的不断推进,媒体的言论自由也有了逐步的放开。一些过去可以由党政等“一把手”们压着的问题,现在多多少少...
下面是我要翻译的论文的中文摘要部分:
中文摘要:近年来,由于我国民主进程的不断推进,媒体的言论自由也有了逐步的放开。一些过去可以由党政等“一把手”们压着的问题,现在多多少少总要被拿到太阳底下,接受人民的监督。但媒体言论的自由也一定程度上影响了正常的司法审判工作。新闻媒体对法院审判案件的报道在实现公众知情权,扩大案件审判的透明度和公开面,促使法院公正、廉洁、文明、高效地审判案件方面发挥了积极作用,但媒体监督在对法院审判工作产生正面影响的同时,也给案件审判工作带来了一些负面影响,比如报道片面、误导受众、干扰审判等。由此造成被报道对象承受巨大社会舆论压力,使其人格、名誉、财产等可能遭受巨大的伤害和损失。目前中国出现的一些“新闻审判”一定程度上影响了正常的司法审判的情况,因此,在这种新形势下,如何既要充分发挥大众传媒对司法的监督和促进作用,又要避免大众传媒对司法可能造成的负面影响:既要保护公民依法享有的言论自由和媒体享有的新闻自由,又要维护司法独立的原则和司法的权威。笔者从新闻审判,新闻侵权,媒体与司法的关系和媒体的舆论监督等方面论述其产生的原因及一些具体的表现,提出解决这些问题的办法以及两者达到和谐统一对现实社会的意义。
关键词:新闻审判;媒体介入;舆论监督;司法公正;对策。
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中文摘要:近年来,由于我国民主进程的不断推进,媒体的言论自由也有了逐步的放开。一些过去可以由党政等“一把手”们压着的问题,现在多多少少总要被拿到太阳底下,接受人民的监督。但媒体言论的自由也一定程度上影响了正常的司法审判工作。新闻媒体对法院审判案件的报道在实现公众知情权,扩大案件审判的透明度和公开面,促使法院公正、廉洁、文明、高效地审判案件方面发挥了积极作用,但媒体监督在对法院审判工作产生正面影响的同时,也给案件审判工作带来了一些负面影响,比如报道片面、误导受众、干扰审判等。由此造成被报道对象承受巨大社会舆论压力,使其人格、名誉、财产等可能遭受巨大的伤害和损失。目前中国出现的一些“新闻审判”一定程度上影响了正常的司法审判的情况,因此,在这种新形势下,如何既要充分发挥大众传媒对司法的监督和促进作用,又要避免大众传媒对司法可能造成的负面影响:既要保护公民依法享有的言论自由和媒体享有的新闻自由,又要维护司法独立的原则和司法的权威。笔者从新闻审判,新闻侵权,媒体与司法的关系和媒体的舆论监督等方面论述其产生的原因及一些具体的表现,提出解决这些问题的办法以及两者达到和谐统一对现实社会的意义。
关键词:新闻审判;媒体介入;舆论监督;司法公正;对策。
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In recent years, as a result of our country democratic progress's unceasing advancement, the media freedom of speech also had gradual letting loose. Some pasts might and so on “the chief leader” was pressing by the party politics the question, now somewhat must attain under the sun, accepted people's surveillance. But in the media opinion's freedom certain extent has also interfered with the normal judicature administration of justice. The news media places on trial the case to the court the report to realize the public right to know, the transparency which and the public surface the expanded case places on trial, urged the court fairly, honest, civilized, to place on trial the case aspect to play the positive role highly effective, but media surveillance while produced positive influence to the court administration of justice, also gave the case administration of justice to bring some negative influences, for instance the report was one-sided, misleading audiences, disturbance trial and so on. From this creates was reported that the object withstanding huge public opinion pressure, causes its personality, the reputation, the property and so on possibly to suffer the huge injury and the loss. At present China appears some “the news trial” in the certain extent has affected the normal judicial trial situation, therefore, under this kind of new situation, how both can display the mass media fully to the judicature the surveillance and the promoter action, and must avoid the mass media the negative influence which possibly creates to the judicature: The freedom of the press which legally both must protect the citizen to enjoy the freedom of speech which and the media enjoys, and must maintain the jurisdiction independence the principle and judicature's authority. The author from the news trial, the news right infringement, the media and judicature's relations and media aspects and so on supervision of public opinion elaborates the reason which and some concrete performance it produces, proposed that solves these question means as well as both achieves the harmonious unification to the realistic society's significance.
新闻审判;News trial
媒体介入;Media involvement
舆论监督;Supervision of public opinion
司法公正;The judicature is fair
对策。 Countermeasure
新闻审判;News trial
媒体介入;Media involvement
舆论监督;Supervision of public opinion
司法公正;The judicature is fair
对策。 Countermeasure
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Chinese abstract: In recent years, as a result of our country democratic progress's unceasing advancement, the media freedom of speech also had gradual letting loose. Some pasts might and so on “the chief leader” was pressing by the party politics the question, now somewhat must attain under the sun, accepted people's surveillance. But in the media opinion's freedom certain extent has also interfered with the normal judicature administration of justice. The news media places on trial the case to the court the report to realize the public right to know, the transparency which and the public surface the expanded case places on trial, urged the court fairly, honest, civilized, to place on trial the case aspect to play the positive role highly effective, but media surveillance while produced positive influence to the court administration of justice, also gave the case administration of justice to bring some negative influences, for instance the report was one-sided, misleading audiences, disturbance trial and so on. From this creates was reported that the object withstanding huge public opinion pressure, causes its personality, the reputation, the property and so on possibly to suffer the huge injury and the loss. At present China appears some “the news trial” in the certain extent has affected the normal judicial trial situation, therefore, under this kind of new situation, how both can display the mass media fully to the judicature the surveillance and the promoter action, and must avoid the mass media the negative influence which possibly creates to the judicature: The freedom of the press which legally both must protect the citizen to enjoy the freedom of speech which and the media enjoys, and must maintain the jurisdiction independence the principle and judicature's authority. The author from the news trial, the news right infringement, the media and judicature's relations and media aspects and so on supervision of public opinion elaborates the reason which and some concrete performance it produces, proposed that solves these question means as well as both achieves the harmonious unification to the realistic society's significance.
Key word(关键词): News trial; Media involvement; Supervision of public opinion; The judicature is fair; Countermeasure.
Key word(关键词): News trial; Media involvement; Supervision of public opinion; The judicature is fair; Countermeasure.
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Chinese Abstract: In recent years, China to continuously promote the democratic process, the media's freedom of expression has also gradually opened up. Some of the past by the party and government and other "leaders" were Crimping the problem, now more or less the total to be received under the sun, to accept the people's supervision. Media freedom of speech but also a certain extent, affected the normal judicial trials. The news media on the court trial of the cases reported in achieving the public's right to know, to expand the transparency of trials and public face, to the court just, honest, civilized and efficient trials has played a positive role, but the media in supervision of the court trial work The positive impact, but also to the case of work which had some negative impact, such as one-sided reports, misleading the audience, disrupted the trial, and so on. The resulting object was reported under tremendous pressure from public opinion to character, reputation, property, and so may suffer tremendous damage and loss. At present, China's emergence of some "news trial" a certain extent, affected the normal justice, and therefore, in this new situation, how it is necessary to give full play to mass media in the administration of justice and the promotion of supervision, to avoid the mass media The administration of justice may have negative effects: it is necessary to protect citizens enjoy freedom of expression in accordance with the law and the media enjoy freedom of the press, while maintaining the principle of judicial independence and judicial authority. I tried from the press, news infringement, the relationship between the media and the judiciary and the media, and other aspects of public opinion on the cause and its specific performance, to propose solutions to these problems and achieve a harmonious unity between the reality of social significance.
Key words: news trial; media intervention; supervision by public opinion; justice; countermeasures.
Key words: news trial; media intervention; supervision by public opinion; justice; countermeasures.
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Chinese abstract: In recent years, as a result of our country democratic progress's unceasing advancement, the media freedom of speech also had gradual letting loose. Some pasts might and so on “the chief leader” was pressing by the party politics the question, now somewhat must attain under the sun, accepted people's surveillance. But in the media opinion's freedom certain extent has also interfered with the normal judicature administration of justice. The news media places on trial the case to the court the report to realize the public right to know, the transparency which and the public surface the expanded case places on trial, urged the court fairly, honest, civilized, to place on trial the case aspect to play the positive role highly effective, but media surveillance while produced positive influence to the court administration of justice, also gave the case administration of justice to bring some negative influences, for instance the report was one-sided, misleading audiences, disturbance trial and so on. From this creates was reported that the object withstanding huge public opinion pressure, causes its personality, the reputation, the property and so on possibly to suffer the huge injury and the loss. At present China appears some “the news trial” in the certain extent has affected the normal judicial trial situation, therefore, under this kind of new situation, how both can display the mass media fully to the judicature the surveillance and the promoter action, and must avoid the mass media the negative influence which possibly creates to the judicature: The freedom of the press which legally both must protect the citizen to enjoy the freedom of speech which and the media enjoys, and must maintain the jurisdiction independence the principle and judicature's authority. The author from the news trial, the news right infringement, the media and judicature's relations and media aspects and so on supervision of public opinion elaborates the reason which and some concrete performance it produces, proposed that solves these question means as well as both achieves the harmonious unification to the realistic society's significance.
Key word(关键词): News trial新闻审判; Media involvement媒体介入 ;Supervision of public opinion 舆论监督;The judicature is fair司法公正;Countermeasure对策。
Key word(关键词): News trial新闻审判; Media involvement媒体介入 ;Supervision of public opinion 舆论监督;The judicature is fair司法公正;Countermeasure对策。
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Chinese Abstract: In recent years, China to continuously promote the democratic process, the media's freedom of expression has also gradually opened up. Some of the past by the party and government and other "leaders" were Crimping the problem, now more or less the total to be received under the sun, to accept the people's supervision. Media freedom of speech but also a certain extent, affected the normal judicial trials. The news media on the court trial of the cases reported in achieving the public's right to know, to expand the transparency of trials and public face, to the court just, honest, civilized and efficient trials has played a positive role, but the media in supervision of the court trial work The positive impact, but also to the case of work which had some negative impact, such as one-sided reports, misleading the audience, disrupted the trial, and so on. The resulting object was reported under tremendous pressure from public opinion to character, reputation, property, and so may suffer tremendous damage and loss. At present, China's emergence of some "news trial" a certain extent, affected the normal justice, and therefore, in this new situation, how it is necessary to give full play to mass media in the administration of justice and the promotion of supervision, to avoid the mass media The administration of justice may have negative effects: it is necessary to protect citizens enjoy freedom of expression in accordance with the law and the media enjoy freedom of the press, while maintaining the principle of judicial independence and judicial authority. I tried from the press, news infringement, the relationship between the media and the judiciary and the media, and other aspects of public opinion on the cause and its specific performance, to propose solutions to these problems and achieve a harmonious unity between the reality of social significance.
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