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在当前中国传媒报道与司法审判时有冲突、碰撞的背景下,作者考察了二者产生矛盾和碰撞的原因。作者认为,一般来说,传媒报道是以道德为基准来追求社会公正,法院审判是以法律为基准来追求社会公正,传媒与法院之间的矛盾和冲突大多体现为道德与法律的冲突。作者之所以如此判断,是基于对传媒道德观念与现代司法理念存在的差异和冲突的理性分析。本文以传媒道德观念与现代司法理念的冲突与契合为视角,澄清理念和制度上的误解,以求在二者之间的关系上做出更为合理的制度安排,促进传媒道德观念与现代司法理念在价值层次上的沟通与融合,以真正实现传媒的社会功能和法院的司法公正。
Against the background of the current conflicts and clashes between Chinese media reports and judicial trials, the author examines the reasons for the contradiction and collision between the two. The author believes that, in general, the media coverage is to pursue social justice on the basis of morality. Court trial is the pursuit of social justice on the basis of law. Conflicts and conflicts between media and courts are mostly manifested as conflicts between morality and law. The reason why the author so judged is based on the rational analysis of the differences and conflicts existing in the media ethics and modern judicial concepts. From the perspective of the conflict and conformity of media ethics and modern judicial concepts, this article clarifies the misunderstanding of concepts and systems in order to make more reasonable institutional arrangements in the relationship between the two, and promote the relationship between media ethics and modern justice The concept of value at the level of communication and integration in order to truly realize the social function of the media and the court’s judicial impartiality.