自由的传媒与独立的审判,是现代社会民主极其重要的两个指标。两者之间有内在的排斥性的侵蚀性,但其矛盾和冲突并非不可调和,其在宪政意义上是统一的,审判公正是两者共同追求的目标,也是两者的平衡点。本文试从以下二个方面平衡两者之间的冲突:一方面,法院固守其独立之本位,增加司法自身的独立;另一方面,媒体固守其客观之本位,完善行业立法,增加媒体行业自律。从而使媒体与法院各司其职,良性互动。 Free media and independent trials are two very important indicators of modern social democracy. However, the contradictions and conflicts between them are not irreconcilable. They are unified in constitutionalism, and the fairness of judgment is the common pursuit and the balance between the two. This article tries to balance the conflict between the two following aspects: on the one hand, the court sticks to its independent standard and increases the independence of the judiciary; on the other hand, the media sticks to its objective standard, improves its legislation and increases its self-discipline . So that the media and the courts perform their duties and benign interactions.