对司法活动的评论始终是媒体与司法两界产生冲突的核心问题。而判决前发表评论,尤其是在刑事诉讼中发表定罪式的评论,更是经常遭到尖锐的批评。因为《刑事诉讼法》规定,任何人未经人民法院审判,不得确定为有罪。这种司法职能,权威媒体也无出其右。但法院未判,媒体先判,这样的例子过去经常出现,即使是修改后的《刑事诉讼法》已经生效七年的今天,类似事情仍然屡见不鲜。 The commentary on judicial activities has always been the core issue of the conflict between the media and the judiciary. It is even more frequent and sharply criticized that comments made before the verdict, especially those published in criminal proceedings. Because the Code of Criminal Procedure stipulates that anyone who is not tried by a people’s court may not be convicted. This judicial function, the authority of the media are also right. However, the courts did not adjudicate and the media first sentenced such examples in the past often appear. Even if the amended Code of Criminal Procedure came into force seven years ago, similar incidents are still commonplace.