在发生重大案件时,当案件信息被泄露到媒体,媒体往往会根据自己的职业利益向社会扩散,这在触发、集聚民意的同时也有影响司法独立之虞。在法治国意义上,法官应当是不受外界干扰的独立裁判者,其有能力抵御外在压力,从而作出以法律旨意为最高原则的判决。然而,应当承认法官并不是书斋里的法律家,其也是政治的人或者社会的人,存在着被媒体或民意“污染”的可能性,这也说明了相关制度规制的重要性。现代国家应以法治为原则,以媒体与司法的关系为主轴制定相关制度或者规则,以此来防范媒体或者民意对法官造成的不利影响。 In the case of a major case, when the case information is leaked to the media, the media tend to spread to the society according to their professional interests. This triggers the public opinion gathering as well as the danger of affecting the independence of the judiciary. In the sense of rule of law, a judge should be an independent judge who is not disturbed by the outside world and capable of resisting external pressure so as to make a judgment based on the highest principle of legal will. However, it should be acknowledged that the judge is not a lawyer in the study, and he is also a political or social person. The possibility of being “polluted” by the media or public opinion also shows the importance of the relevant institutional regulation. In order to prevent the adverse impact of the media or public opinions on judges, modern countries should make the relevant systems or rules based on the rule of law and the relationship between the media and the judiciary.