关键词: 审前公开, 消极公开, 积极公开, 言论自由, 司法独立

Abstract:

Pretrial publicity is an inevitable requirement of the construction of modern law. Criminal cases always arouse media attention；however，pretrial publicity of media at present demonstrates such characteristics as modification of faets， non-legal reasoning，exaggeration in language use，selective reports and first possession of information. By nature，there is internal intense in the pretrial publicity，which mainly features the existence of binary logic paradigm，the challenge of activity to passivity and the competition and cooperation and separation between media language and law language，etc. The causes are the clashes of micro-value pursuits，clashes among constitutional rights and clashes between media facts and legal facts. Foreign nations have tried to mediate the internal intense through the mode of contempt of court，the fuzziness of comprehensive assessment standard and the restriction of report patterns but failed to get satisfactory results in the majority of nations. Given China’s conditions，media rights to pretrial publicity should be protected，and two parallel patterns of negative and positive publicity and modes of accountability should be established，and the conflict between positive and negative publicity should be adjusted in judicial practice.

Key words: pretrial publicity, negative publicity, positive publicity, freedom of speech, judicial independence