论文部分内容阅读
媒体对法庭诉讼的报道一直以来都受到其他竞争性法律价值的限制。在诉讼程序的庭审阶段,媒体报道会对程序及相关利益产生不同的影响,因此需要对媒体的言论自由与竞争性利益之间的关系进行重新界定和判断,进而进行新的调整。欧洲人权法院在化解媒体和诉讼程序之间的矛盾方面贡献卓著,但这一矛盾仍然不可避免且会一直发展。本文试图借鉴欧洲经验,分析庭审阶段媒体介入司法程序的效果与规制,以确立媒体与司法程序之间的合理关系。
Media coverage of court proceedings has always been subject to other competitive legal values. In the trial phase of the proceedings, the media coverage will have different impacts on the procedure and related interests. Therefore, it is necessary to redefine and judge the relationship between the media’s freedom of speech and the competitive interests and make further adjustments. The European Court of Human Rights has made a significant contribution to resolving the conflict between the media and the proceedings, but this contradiction is still inevitable and will continue to grow. This article tries to draw lessons from the European experience and analyze the effectiveness and regulation of the media intervening in the judicial process during the court trial to establish a reasonable relationship between the media and the judicial process.