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Media Trial Supervision: Recalibrating the Model in a Transitional Society
作者:Lin Jingsong

  Lin Jingsong

  Guanghua Law School, Zhejiang University

  Abstract:Media supervision is the most common and effective form of extrajudicial trial supervision and hence should receive the most theoretical attention. Because of the enormous influence of media supervision and the uncertainty of its outcomes, the relationship between the media and the court has always been tense. Currently, the main model of media trial supervision centers on trial results; that is, media questions and criticisms tend to revolve around the substantive outcome of the trial in the hope that the courts will change the verdict. This supervisory model potentially risks encroaching on judicial independence. In the context of China’s transitional society, such risks will be hard to control and will often develop into immediate social conflicts, jeopardizing the impartiality of the trial. To avoid this, the model of media supervision centered on trial results should shift to one centered on the conduct of the trial.

  Keywords:media, trial supervision, transitional society, trial results, conduct of the trial, mode