摘 要本文以《中国法治报道》、《法治在线》和《法治进行时》 为样本，通过实证分析、比较研究等多种方法，从题材分布、消息来源、文本叙事和制作形式等方面，对电视法治新闻的生产进行了考察，以探究电视法治新闻在我国的法治化进程中，其实际践行是否与见证法治进程、促进法治建设的节目宗旨相一致。本文经过数据统计发现：在题材分布方面，电视法治新闻呈现了泛化与窄化的双重倾向。一方面一些新闻题材超出了法治新闻的范畴，另一方面不少题材又窄向集中于刑事案件，甚至是暴力犯罪，而有关立法、司法、执法、守法等真正具有法治意义的议题却很不充分；在消息来源方面，电视法治新闻节目明显偏向警方和政府官员，这不仅表现在总量数据上警方和政府官员明显占优，节目对消息来源的显著度处理、消息来源在报道中的角色、消息来源的引述方式等具体层面，同样偏向警方和政府官员；在文本叙事中，电视法治新闻一般都把报道重心聚焦在案发、抓捕、庭审等各种现场，叙事表达过于追求悬疑效果，而忽略了对案件本身法治意义的深入探讨。同时，电视法治新闻在犯罪归因中存在明显的个体化倾向，政治、经济、文化、心理等其他社会因素却被忽视或回避。在制作形式方面，电视法治新闻节目在影像镜头、后制视觉效果和后制听觉效果等方面也存在着不同程度的感官主义倾向，这种已内化为媒介常规的感官主义制作手法与法治的理性追求可谓是背道而驰。由此，本文认为，电视法治新闻栏目的实际践行与其见证法治进程、促进法治建设的节目宗旨存在不同程度的背离。这种背离不仅强化了强势来源的霸权地位，加剧了社会的道德恐慌，扩大了社会偏离效果，也使观众沉迷于媒体展现的“犯罪奇观”而难以自拔，从而在很大程度上影响了电视法治新闻正义、公正、平等、理性等价值目标的实现。电视法治新闻栏目的实际践行与节目宗旨的背离，不仅与当下我国的现实环境有密切的关系，同时也是政治意志、市场逻辑、媒介常规以及传播范式等多种因素综合作用的结果。但是，上述原因并不意味着电视法治栏目可以以此推卸其应承担的历史使命。法治的道路本身就曲折漫长，电视法治新闻栏目，理应承担起相应的社会责任，以真正践行其诠释法律公正、弘扬法治正义的节目宗旨。关键词：电视法治新闻 法治 题材 消息来源 叙事 感官主义

IN THE NAME OF ‘RULING BY LAW’-------AN EMPIRICAL STUDY ON THEPRODUCTION OF TV LAW PROGRAMABSTRACTLooking at evidence from TV programs such as ‘China Law & Government Report’, “Law on Line’ and “Law in Real Time’, and, using research methodologies such as case study, comparison research, etc, from different aspects such as themes distribution, news sources, story narrating, and production methods, this thesis has analyses law & governance TV programs, in order to discover whether, in terms of progressing the rule law within the nation, the practice of law & governance of television programs has been in accordance with the programs’ mission of witnessing progress of ruling by law and enhancing construction of ruling by law.The research for this thesis reveals that with TV programs tend to cover issues in two ways. These could be characterized as either all-embracing or narrowly defined. On the one hand, some programs take the issues far beyond merely covering the news about law & governance, whilst on the other, program stories are often narrowed down to concentrate on criminal cases, and in particular on crimes of violence, whilst providing insufficient coverage with regard to the wider issues arising for law & governance, eg legislation and the judicial progress. With regard to news sources, there is an obvious heavy dependence on the police? / or policy? and on government officials. Stories told the perspective of other important participants – eg judges and vulnerable groups, are clearly insufficiently covered by the TV programs in their coverage of law & governance issues. In order to analyze the distribution of news sources in more detail, this thesis has used case studies of the popular TV program ‘China Law & Governance Report’, and cross-references various aspects of sources, news themes, etc. It has found that, even in more contracted layers such as sources treatment, sources reporting roles, and sources quoting, etc, there is obvious towards to government official and policies in the program. With regard to story narration, the TV law programs generally focus on criminal offences, and stories of arrests, etc, whilst, at same time, these is an over-emphasis on telling the story form a speculative angle, but ignoring a real sense of the role of law and governance for case itself. Therefore, this thesis a has detailed analysis the setting up and formalization of a typical speculative story plot, and figures out that there are obvious trends towards reporting individual reasons for crime offending in TV law & governance program, whilst ignoring or avoiding the other wider social factors such eg political, economic, cultural, and physiological, etc. With reference to the issue of production methods, this thesis has found that, the statistics for the borrowing of videos, post-production effecting, and post-production audio in TV law programs, point to the existence of a number of trends towards sensationalism, and that this is in contradiction with rational pursuit of the rule of law. Through the above statistics and their analysis, this thesis concludes that the pragmatic approach of TV law programs has a number of levels of contradiction with programs’ initial mission of witnessing to progress in rule by law and in enhancing the construction of rule by law. This kind of contradiction enhances the dominating status of majority sources and deepens the moral fear in society. It increases the distorting effect on society, through influencing the audiences towards an addiction to ‘crime extravaganzas’. There is difficulty in pulling back from this, and it has, therefore affected the realization of value targets such as justice, fairness, equality, and critical thinking etc in TV law programs. Amid the high-speed development of today’s mass-media, it is our anticipation that for medium position and nature in pursuit for program’s public. This is long way on road toward rule by law itself, and there is a logical social responsibility untaken by TV law programs, which should be more effective in educating the public on the spirit of law & governance, and in enhancing the nation’s progress in ruling by law. It should fulfill its mission of witnessing progress and enhancing the construction of rule by law through its truly pragmatic approach.This thesis contends that the contradiction between a pragmatic approach and program mission in TV law programs is the combined effects among various factors such as dominating political willingness, marketing approach, logic, normal medium effect, and distribution model control, etc. but above factors cannot shift the historical mission of TV law programs. This is long way on road toward rule by law itself, and there is a logical social responsibility untaken by TV law programs, which should be more effective in educating the public on the spirit of law & governance, and in enhancing the nation’s progress in ruling by law. It should fulfill its mission of witnessing progress and enhancing the construction of rule by law through its truly pragmatic approach. KEY WORDS： TV law news, ruling by law ( law & governance) , themes materials, news sources, story narrating, sensationalism