On Supervision Over Jurisdiction By Network Consensus

With the popularization of the Internet, the improving of the civilization's degree of Internet users and the development of Internet media, network consensus's influence in the judicial field has gradually expanded, as the role of supervision over jurisdiction continues to strengthen. By analyzing on the duality of the influence of the supervision over jurisdiction by network consensus, this article took an objective evaluation on the supervision of network consensus, and with it as guidance, settlement system in an interactive and concordant mechanism of supervision by network consensus has been proposed and designed specifically to run.This article consists of four parts, nearly 30000 words.Part one detailedly discussed about coming in vogue of the supervision over jurisdiction by network consensus. The basic information such as the emergence's reasons, the features and the status in adjudication supervision system of the supervision over jurisdiction by the network consensus,fully reflects the rise of the network of public opinion in judicial supervision and its growing. In the social transition, interest groups and multi-polarization values diversity makes judicial cases turning into the focus of public interest intertwined. The public's concern about the interests'protecting of their sectors, with opening and democratization of jurisdiction, and the universal of the network using, were formed of the internal and external cause of the supervision over jurisdiction by the network consensus. Firstly, the supervision over jurisdiction by the network consensus has its societal origin. Generally speaking, if there is the lack of due process of judicial level, or the case highlights the conflict among the different social classes, or the public demonstrate the tendency of protection for the rights of the individual in the judicial cases, the earnest attention of judicial cases and boiling discussion on Network will be caused. Secondly, at the present stage, the supervision over jurisdiction by network consensus has been showing more powerful advantages than the traditional methods. The advantages are reflected in the four: 1. the subject of supervision returns to the people; 2. the object of supervision is of special natures; 3. the evaluation of supervision based on simple monitoring basis; 4. the effectiveness of supervision is timely and effective. Thus the essential of network public opinion is determined. Lastly, this chapter started from the establishment of the supervision of network consensus at the present stage of China's the supervision system of jurisdiction to discuss the definition, composition and status of supervision of network consensus.Part two demonstrated that network consensus gradually played a strong role on oversight in the judicial field with its powerful functions of expression and communication. It has great practical significance. Firstly, the supervision of network consensus opens up a channel for the opening, independence and democratization of jurisdiction and it also furthers correction of judicial error, and thus prevents corruption in the judiciary so as to provide a guarantee for justice. At the same moment, the supervision of network has turned into a power of legislative completing, the judiciary important reference for disposal of cases and the way of increasing the sense of civic awareness in law; these are to promote the development of law in China. Secondly, the supervision of network provides a broad platform for people to participate in political speech and provides external power for the awakening of our sense of civil rights and political democratization progress.Part three of this thesis discussed the negative impact on jurisdiction by the network consensus. If network consensus is misemployed, it will be dissimilated to"Network Trial"in all probability. This possibility can be harmful to matter of law, interfere with independent adjudication and influence judicial fairness. Firstly, the instantaneity and rapidity of network consensus leads to Internet users failing to conduct the necessary investigations and verify in a timely manner on the focus of events and the objective facts, thus results in the formation of conducting public opinion when the facts of the blind obedience and speculation. And "Group polarization" and the media points to the existence of bias and the complexity motive of public opinion during the discussion led to users of non-rational. Secondly, the undue network consensus influents the process of judicial activities. Network media tend to create pressure to influence the judiciary through the trial process so as to achieve the realization of "substantive justice" will. Especially for those who have not yet entered the specific case of the judicial process, if handled properly, it is sufficient to affect the judicial independence of the process of forming a social atmosphere. Meanwhile, the network will cause the media impact on justice, on the one hand, a direct impact on the judiciary: the network after the election of public opinion, as part of judicial officers of the public will be inevitable impact of such information. On the other hand, the network will lead to the formation of public opinion, the relevant government departments concerned, the government through political means to interfere in the judicial process. This creates an indirect impact on the administration of justice, may cause damage to justice and authority. Secondly, such irrational network monitoring will increase the lack of confidence in the jurisdiction. At present in our country, there is lack of confidence in the jurisdiction in a certain degree. Like a vicious circle, these phenomena further undermined the public confidence in the jurisdiction. Therefore, we need to see the positive role of the network opinion; and it can be not expected to solve all the problems at the present stage.Part four of this thesis thoroughly analyzed on how to build an interactive and concordant mechanism of supervision by network consensus. The analysis advanced some rationalization proposal to avoid the negative impact on jurisdiction by network consensus. It may effectively guide the network consensus to play a positive role so as to produce harmony for judicial fairness with the supervision of network consensus. Firstly, to coordinate the network of public opinion and judicial independence, must deal with the media, judiciary, media and network of individuals, network media and judicial balance between these three, so that it can ensure reasonable and effective network to play the role of public opinion. Secondly, to avoid the negative effects of the network supervision over jurisdiction, we must build a sound supervision system of jurisdiction, professional supervision to strengthen the law and the mainstream media's intervention is now optimized way of judicial supervision system.1.to strengthen case monitoring system; 2.to improve the court's internal supervision; 3.to make a mechanism of unimpeded public opinion expression. Lastly, establishing a responsible mechanism of judiciary operational is essential. Only impartial justice can draw a clear boundary between the network of public opinion and administration of justice. Thus it requires the judiciary abide by the professional judicial reason, and maintain rational justice in front of public opinion, while maintaining communication with the public media. There are also the systems of justice and independence of the judiciary should be established and improved.In the current social and political environment, we must correctly understand the status of the supervision by network consensus. I believe the supervision by network consensus can promote a healthy network supervision and implementation of justice, if we have a sound system building and our joint efforts.