摘要
任何人都不能做自己的“法官”。任何法官都只能对纷争本身做出裁判,而司法是否公正,理应接受民众的评判——“媒体审判”、“舆论审判”。法官判案是以法庭审理查明的“事实”为依据,以法律为准绳,而不是以媒体报道的“事实”为依据,以“舆论”为准绳。“媒体审判”、“舆论审判”误导司法之说无从谈起。控制“媒体审判”、“舆论审判”的想法是危险的,实践是徒劳的。
Any person cannot serve as the 'judge' of himself. A judge can merely make a judgment on the conflicts. However, whether jurisdiction is rightful or not will depend on the public'judgment--'media judgment' and 'opinion judgment'. A judge makes his judgment on the ground of the 'fact' heard and clarified at court. It is based on the laws and in referential to the opinion but not on the 'fact' reported by media that he makes his judgment. In this sense, the view that 'media judgment' and 'opinion judgment' have misled jurisdiction is groundless. Therefore, the idea of controlling 'media judgment' and 'opinion judgment' is dangerous, and its practice seems to be futile too.
出处
《中国青年政治学院学报》
CSSCI
北大核心
2005年第3期128-133,共6页
Journal of China Youth College for Political Sciences
关键词
媒体审判
舆论审判
司法公正
media judgment
opinion judgment
rightful jurisdiction
