对“媒介审判”的再“审判”

将t＂rial by media＂翻译为＂媒介审判＂忽略了媒介的受动性,影响到＂媒介审判＂内涵的准确提炼。媒介传播效果的有限性和网络的开放性使媒介审判难以实现。英美法系的陪审团制度、法官造法和媒介作为第四权力的特点是媒介审判得以实现的突破口。中国法院的审判根据和准绳以及媒介喉舌功能的准确定位最大限度避免了媒介审判。应分清言论自由权和审判权的各自边界、深化司法改革,加快新闻立法。

The Retrial to Trial by Media

The passivity of media will be neglected when trial by media is translated wrongly.It will lead to the trial by media being misunderstood.It is difficult for the media to trial because of the finiteness of media dissemination effect and the openness of network medium.The jury system,the methods of law creation and the media which seem as the fourth power are all the condition of trial by media turned to be realized.With the basis and criterion of Chinese court's trial are established and with the media func...