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近年来,随着政治民主化程度的不断提高,新闻舆论对于司法的影响逐步显现,并越来越受到人们的关注,舆论发出的各种声音也影响着司法活动的过程。但是,我们也必须看到,由于现阶段我国没有制定舆论监督的相关法规,舆论对于司法的负面影响也逐步显现。在实践中又出现了“媒体审判”以干扰甚至威胁司法权独立行使之势。只有舆论监督和司法独立之间进行良性的互动,才有利于舆论监督与司法公正的实现,才有利于社会公正这一社会价值的真正实现。本文拟从舆论监督和司法公正之间的关系,探究二者的社会利益冲突,进而提出解决问题的办法措施,以期对利益冲突的解决提出自己的看法和建议。
In recent years, as the level of political democratization continues to increase, the influence of news media on the judiciary has become more and more apparent and people’s attention has been paid more attention. Public opinions have also affected the process of judicial activities. However, we must also see that the negative impact of public opinion on the judiciary has gradually emerged because at this stage we have not formulated the relevant laws and regulations governing public opinion supervision. In practice, there has also been a “media trial” to interfere with and even threaten the exercise of judicial power independently. Only a benign interaction between public opinion supervision and judicial independence will be conducive to the supervision of public opinion and the realization of judicial fairness, which will be conducive to the realization of the social value of social justice. This paper intends to explore the relationship between the public opinion supervision and the judicial justice, to explore the two social conflicts of interest, and then propose measures to solve the problems in order to resolve conflicts of interest put forward their own views and suggestions.