Several principles, method two cases in the news

The media and legal circles mainly have three kinds of opinions: one case, namely, once the case is filed can report; two is closed, after the case handling end allowed coverage; three is responsible for that, in the court before the judgment is pronounced, news organizations can take responsibility for oneself attitude truthfully report.

There is a need to explain, the above three kinds of claims are not given official recognition, in actual operation, it is an indisputable fact.

Then, legal news should grasp some what principle in the case reports? The operation situation of comprehensive expert opinion and news about the following 10:

 

1, to select a typical case.

The community every day may occur in many cases, not all cases are reported, not all cases are reported, reported what, do not report what, as the media are a matter of choice, only those with typical and news value in case it is necessary to disclose and the communication to the public society;

For the typical case of procuratorial organs, is to choose those who reflect the legal supervision of procuratorial organs, the public has a high degree of attention, the typical cases to law, law interpretation, spread the idea of rule of law effect.

The tramp was crushed to death by the procuratorate, advise and support the civil affairs departments claim the rights for the dead

"Anonymous" awarded 62000 yuan

Time: November 13, 2006 News source: procuratorate daily

Recently, in Yichang City, Hubei Province, Wujiagang District Court under the auspices of the traffic accident, and the owner of the car driver Lu Mou a gravel plant and Yichang city rescue station a mediation agreement is reached, the driver Lu Mou, sand factory to pay those who died in the accident "anonymous" compensation funds 20000 yuan, 42000 yuan, the money in 5 years the relief management station keeping accounts, such as identify the identity of the deceased, the full payment of the relatives of the dead. Such as can not be identified within 5 years of the identity of the deceased, which will serve as the social assistance fund.

Reporter in the interview to understand, this year in June 6th at 8 pm, Yichang Baisha, Wujiagang District Road serious traffic accident. Dump truck Lu some driving a gravel plant will be crossing the road vagabond killed on the spot. Lu Mou on suspicion of the crime of causing traffic casualties were placed on file for investigation. The tramp after death, body was unclaimed.

Wujiagang District procuratorate accepted the case review that, while it is impossible to pinpoint the unknown tramp identity and immediate family, but their rights and interests should be protected by law.

In September 19th, Yichang Municipal Bureau of civil affairs to the hospital officially issued the proposal that, "city living without the street begging rescue personnel management measures" provisions ", civil affairs departments of the people's governments at or above the county level shall be responsible for the work of Assisting Vagrants and beggars, and the relief stations for guidance, supervision". This assistance is legal relief, the Civil Affairs Bureau shall arrange the relief management station for unknown wandering the claim, filed public interest litigation.

The City Civil Affairs Bureau adopted the procuratorial suggestions, to the identity of the plaintiff filed a civil lawsuit by the Yichang city rescue station, asked Lu Mou, gravel plant compensation nameless Rangers funeral expenses, death compensation 18 yuan, property insurance company in third party insurance liability insurance contract 100000 yuan range, bear the responsibility for compensation.

Interview notes:

Nameless Rangers had a car accident death, how to realize the right to get compensation? Hubei province Yichang city Wujiagang District People's Procuratorate of the traffic accident cases issued by the procuratorial suggestions, rescue the management station of public interest litigation for unknown wandering the rights advocate, and enable it to obtain the final compensation, is a very good exploration.

While this approach is "no legal basis", but also "no law prohibited". Since the traffic accident to bear the main fault, shall bear the corresponding legal responsibility. Although temporarily unable to find unknown tramp's relatives, but the law should not be identified without close relatives, the claim rights should also exist. In this case, by social groups or the corresponding social assistance organization mainly right, is a good choice, embodies the protection for the weak. A similar case occurred more in the country, for specification purposes, should improve the relevant legislation, to protect the legitimate rights of the nameless rangers.

2 reported cases, should pay attention to guiding.

As a case, the point of view of different ideas, different reports, interviews, focus on different writing methods, can produce different social effect; for example, American reporter for small robbery:

On Friday night a masked man broke into the jeep's Hotel, and from $1056. After the robbery, he fled into the alley. The clerk is Robert Simpson, 42 years old, the family lives in Fourth Street No. 206. According to him, at about seven thirty-five, wearing a red ski mask man entered the hotel, and ordered him to till the money out, put them in a paper bag. Xin Pusheng had to obey, but he took the opportunity to steal press the alarm button under the counter. The robbers then put Xin Pusheng into the back of the shop a storage room.

The police station after receiving the alarm, or go to the hotel. They saw the robber fled south, turn into an alley after missing.

According to Xin Pusheng said, till a $1056, the robber in the height of about 5.1 feet, his right hand thumb wrapped with gauze, wearing blue pants, and black leather jacket.

The police have not yet found the suspect.

This report is sufficient material, this material can be obtained from the police report, but another newspaper reporters do not satisfy the police material, he interviewed the clerk, found that many complaints clerk. He wrote the following reports:

"I'm fed up with this kind of robbery crime, the more afraid of being killed, so I want to ask the boss to quit." This is the 42 year old Xin Pusheng said. Today he to the hotel boss resigned from the night clerk position. This is the 3 week of this hotel fourth times by rob.

Xin Pusheng said there is a wearing red ski mask about into the hotel at seven thirty-five last night forced him to give money, the robber threatened that if not cooperation will fire smash his head. After he hand over $1056, they put him in a closet. He went on to say: "I had to do what he says, but I had to press the alarm. I think the police have a problem. I have repeatedly asked them to post in the vicinity, but they never take my advice."

According to police records, this hotel in September 10th was $502 in September 14th was taken away, $732, $221 was stolen in September 24th. Each is robbed, the clerk there is Xin Pusheng. He said: "it is possible that the last one robber dry. I'm not sure, because the last time wearing the mask is another way."

Police chief Ralph Marshall said, he had sent the police patrols regularly in the inn, and in consideration of the requirements for posts in the vicinity of the.

Xin Pusheng said: "that's wonderful, let them find someone to replace me! I quit! He described the thief is big, height of about 5.1 feet, wearing blue pants, and black leather jacket. His right thumb wrapped with gauze.

The police haven't found the suspect.

This report need to reporters with interview. He painted in high crime areas people fear and anxiety, and cited the interview object. He used the inverted Pyramid style but very imaginative, reported the fascinating.

 

3, in some cases, the disclosure may interfere with the detection or endanger personal safety when the thing, the media should be suspended reports.

Such as kidnapping hostage was rescued safe in the past, drugs, smuggling case in not cracked before, media cannot report the case, not the whole process tracking report case;

For example, broadcast the last century 90's large-scale drug series documentary "the sword", a true reflection of the anti drug police dangerous working environment and living conditions, Acura anti drug police are not afraid of bloodshed, to fight drug traffickers to contest, in order to security and stability of the safety of people and the society, willing to sacrifice their own the heroic deed.

The film aired resonates the majority of the audience, but also stimulate the drug traffickers nerve.

Drug traffickers to identify drug heroes from the TV, and they were crazy revenge! Some drug hero so drug traffickers to revenge and heroic sacrifice, even their family has also been a drug threat, the last 120 soldiers and their families gave up his own life. Fortunately, anti drug forces on a large scale rotating in a timely manner, did not result in more casualties, but has brought great difficulties to the local drug enforcement struggle. This situation also exists in some other police solve the case reflects the documentary film.

Although, the starting point for these documentary is good, but due to staff negligence protection heroes security interests of the link, the good things not so perfect, or even good into something bad. No wonder the Central Propaganda Department on various major emergency stop documentary!

News reports in its essence is the mass media dissemination open, extraversion, openness more attractive, spread more widely the results more quickly. However the judicial front is concealed front, pay attention to strategy and means. For meeting such contradiction, reports from favorable crime, effectively protect the guard of the occupation moral, rational to avoid insider secrets of seduction, a good grasp of the reports of the public.

 

4, in the criminal case report, the media should be strictly limited disclosure police detective means and process, so as not to provide experience for the anti cracking criminal.

 

5, for the pending case should be based on objective facts reported as the principle, a clear tendency of comments should not be, nor to judicial procedure using qualitative language coverage, or interfere with judicial too.

For example, in the early 1998 ruling "Zhang Jinzhu hit and run", the news media to denounce Zhang Jinzhu formed a potential. A newspaper reporter pending in the circumstances of the case, namely the allotted a scathing comments that Zhang Jinzhu is deserved the sinner, don't kill enough Pingmin fen. Naturally aroused the audience anger on Zhang Jinzhu, a trial as the case by the book, "a very bad social influence, not kill enough Pingmin fen". It is in a "news media bombing" and "shout to kill a voice", because of the pressure of public opinion, the court finally had to make the death sentence for Zhang Jinzhu. And in accordance with the provisions of China's "criminal law" in article 133rd, the maximum penalty of crime of causing traffic casualties for 15 years. No wonder Zhang Jinzhu before his death lament, he died in the news reporter hand rather than die in the hands of the law. Afterwards, many judicial circles this event as a "typical" trial by media, criticized the media interference of judicial justice, judicial independence.

 

6, case reports must be objective and fair, especially in civil, administrative litigation cases reported, cannot listen to only one side, not to take sides, but not deliberately speculation.

 

7, in the case report, should the parties to respect the right of personality, the protection of the right of privacy. Even a death penalty criminals, his personality and privacy as long as irrelevant to the case, should not make negative rendering.

 

8, for humanitarian care, should not be forced to interview the victims, so as to avoid damage to its again.

For example, the victim in rape cases, if the victim is not willing to accept the interview, the reporter will not insist.

 

9, report to follow up.

Because the whole case is dynamic, the case itself is a process, case also has an investigation, prosecution, trial, the second trial procedure, the different stage has different emphasis and characteristics, so the reported cases with handling the process timely follow-up, dynamic progress objectively, comprehensively reflect the case; for example, two different writing media on the same court.

The first kind of way

Kicker: Army sisters Sue sightseeing garden portrait right

Theme: lawyers for the Court saw bargain

In the case that 50 anniversary of the founding of the PRC National Day parade, a pair of bright and brave "the sisters" to the people left a deep impression. After becoming famous, Zhang Weiwei, Zhang Lili photos of the two sisters were heroes of Xiamen battlefield tourism park for commercial advertising. Yesterday, the sisters to sightseeing garden portrait right, claim of 40 cases in Fengtai court trial. Although they would like to see the sisters did not appear, but their lawyer to strive for more compensation, launched an undaunted "negotiation and to the sightseeing garden mister".

Start: both claim to talk about not approach

Both expressions: serious

In view of both sides have the intention to mediation, the court drew to a close, judge Xing Lihua adjourned for 10 minutes. So, the party walked out to the corridor "secret". But come back, both sides look serious, you know about the collapse. Although the plaintiff was reduced by half to 200000, but was still unable to accept. They stressed the company, no fault in the incident, but in order to interest disputes, to some appropriate compensation.

 

Development: the plaintiff

Both sides stalemate expression

"150000, we can't go any further." The counsel for the plaintiff step analysis said, sister two people pay 50000, attorney fees, litigation expenses add up to 50000. "150000, a little too." The plaintiff lawyers again. "We only have 100000, this is the bottom line. "The defendant lawyer first flashed their psychological price.

Climax: the judge mediation

Both expressions: acquiescence

"100000, 150000, the gap is not. We make a step further." The judge, the defendant in the original smiled, as befits the occasion from mediation. When the price of the judge say 125000 compromise to both sides consider, plaintiff lawyers put the sisters father out of court. Come in, the plaintiff lawyers chanted: "130000, a lump sum." The new compensation submitted bids, the court was quiet for a while, everybody in the heart over. The defendant's lawyer at the general manager of the company at a glance, general manager of hey hey smiles two nodded softly.

Outcome: group photo

The expression: smile

The general manager of a nod, court staff relieved. The judges mediation, she is reading and writing:"...... The company in May 31 days before Zhang Weiwei Zhang Lili, one-time pay, loss of 130000 yuan......" After the end of the original, the defendant mediation, shook hands with each other, and use the camera mobile phone photo.

 

Second kinds of writing

Kicker: Army sisters portrait rights dispute case results

Theme: the sisters awarded 130000

A newsHad been widely reported in the sisters Zhang Weiwei and Zhang Lili sued the Xiamen hero Mishima Tourist Park Limited portrait rights dispute case, after 3 years finally results. Yesterday, the Fengtai court presided over the mediation, the two sisters awarded 130000 yuan.

The foundation of the new Chinese 50 anniversary parade ceremony, as the standard bearer of the twin sisters in the SA heroic (SA) cool image impressed people. The two sisters became famous, a lot of enterprises not hesitate to spend huge sums of money to find their commercials, were rebuffed. In September 11, 2001, the two sisters found the defendant without the consent of the two person, the unauthorized use of the portrait in their Tiananmen parade, advertised in the newspaper China "defense", commercial profit.

The sisters think, the defendant arbitrarily use the two portrait of profit-making activities, a serious violation of the plaintiff's right of portrait and the right of reputation, the moral damage caused to the plaintiff, huge therefore, requests that the defendant in the original published tort advertising newspaper public apology, and compensation for the loss of 400000 yuan two.

Yesterday, Zhang Weiwei and Zhang Lili did not appear in court. The defendant argued that the portrait, and layout design using the newspapers are its unilateral decision, in addition, sightseeing park is a provincial patriotism education base, "China defense report" as military press also bear the publicity the duties of national defense education. The plaintiff as a soldier to do publicity to the positive image for the national defense education, did not have any negative impact, and therefore can not constitute infringement.

The two sides of the cross examination and debate in court later agreed to mediate in the auspices of the judges, the parties voluntarily reach the compensation agreement.

 

10, in the case of report, attention should be paid a reasonable grasp the coverage limit.

Public reports on is not suitable for the content to be filtered and necessary technical treatment, not a detailed description of crimes, at the same time to avoid will emerge in its totality, some particularly brutal terror, bloody, bawdy details, so as to avoid the adverse impact on public.

For example, in 2006 April, Beijing Fengtai District people's Procuratorate handled a robbery. All suspects the premeditation in a McDonald's restaurant in front of the door, while the open car door unguarded, its forcibly seized at the back of the car, grabbed 2100 yuan and the mobile phone, and the value 170000 yuan car hiding in the suspect's family home, was arrested 3 people once again for the. After the search, 3 people carry handcuffs, goggles, and used to cover up the number printed on the film "a harmonious union lasting a hundred years".

Shockingly, 3 suspects in the interrogation when admitted, the modus operandi, was inspired by the famous legal programs from Beijing a high ratings in the modus operandi of disclosure, they imitate the program, premeditated by division of labor, prepare tools etc..

In the case report, although some details are inevitably, however, if the criminals committing the crime, criminal means process description was too small, it may become a negative example of abetting crime. As a journalist, if has a strong sense of social responsibility and a high degree of political sensitivity, can foresee some details may produce negative effects, therefore, in the report for the details of the case will be disclosed, in particular to avoid the tendency to improve reading, listening, viewing effect blindly rendering details of crime appears and, as far as possible to avoid the negative social effects of case reports may have.