Network Of Public Opinion And Judicial Indendence

With the rapid development of Internet media, its unique mode of transmission and the huge social impact have aroused our attention. Under the new situation, Network Supervising by Public Opinion supervises space of justice in a unique form and exercises constitutional Supervisory Power. Network media plays an indelible role and makes a great contribution in the promotion of judicial openness, fairness and transparency.However, news regulations haven't been laid down in China, and with the vitality of the network, the weakness of self-discipline of network news publishers, a lack of supervision mechanism, the phenomenon of Network Trial's interference with judicial independence appears in the period of judicial supervision that also damages network supervisory power.Overseas research has put emphasis on protecting both judicial independence and supervisory power together instead of protecting only supervisory power. A series of laws have been formulated on net news media monitoring and good results have been obtained.The result of the case of Shenzhen Liangli is that the prosecution would be characterized as the "occupation" rather than "theft", and makes the decision not to prosecute.As a victim statement may be brought private prosecution would not pursue the matter, was called "Female Xu Ting" in the name of Liangli was relieved of criminal responsibility, completely free.And the prosecution to disclose key details of the cases, leads to interference in the judicial activities of the network connection media phenomenon.By this article, The author tries to attach importance to the relevant officers to take some measures on the phenomenon of judicial interference from public opinions.This article consists of three chapters.The first chapter gives a brief introduction of the present situation and characteristics of our network and judicial independence to give readers an understanding on our country's network and judicial features.In the second chapter the relation between public opinions and judicial independence have been discusses. First the positive influence from network by public opinion on justice is presented. Next,the negative influence is presented. In the second section, the reason of the negative influence from network by public opinion on justice is analyzed. In the third section, a solution on judicial supervising from public opinions is put forwarded. In the forth section, how to face net supervising by public opinion of judicial organ is analyzed. In third chapter, the author gives some advice on how to reach the harmony between Network supervision and judicial independence and judicial system's improvement in the present period. At last, the author presents resolution on the harmony between Network supervision and judicial independence.