A Study On Benign Interaction Between Judicial Trial And Network Public Opinion

Network is a virtual society and compared with real society, limits in morality,administration and social order within network society are relatively weak. To somedegree, between network public opinion and judicial trial the conflict is inevitable, thetension between the two goes against the establishment of legal authority and thenormal development of public opinion, nor establishing real awareness of law andjudicial concept in public. The benign state of network public opinion and judicialtrial should improve the reasonable guidance of public opinion by the activity ofjudicial trial, and the rational expression of network public opinion can impel thecontinuous improvement of judicial trial, the two influencing each othersynergistically. Pressure from public opinion should be avoided to cause uncertaintyof judicial trial, damage judicial fairness as well as judicial authority. But the judicialoffice that owns high degree judicial credibility, can not only defuse the impact frompublic opinion instinctively, but also maintain judicial reason with its stronger powerto resist improper exotic intervention. Judicial sense can guide people into rationalroad so as to realize benign development of the relationship between judicial trial andnetwork public opinion. The importance and judicial office of judicial trial shouldknow about the real situation of network public opinion and they make it necessary toestablish benign interaction between judicial office and network public opinion. Butthe judicial authority owning high judicial credibility makes the benign interactionbetween the two possible. The author put forward some concrete feasible methods forrealization the benign interaction between the two from judicial angle. Judicial officemust consider the conflict between judicial trial and network public opinion rationally;insist judicial reason in judicial trial but to cater to public opinion; we should perfectjudicial institution further, continually increasing judicial credibility, as well asstrengthening the communication and understanding so as to realize benigninteraction between the both. The thesis is divided into4parts:Part1is the general state on network public opinion. As a new social expression,the birth of network public opinion is intimately associated with network media and the form of network society made network public opinion a new social control. Thispart introduces the concept and characteristics of network public opinion in detail aswell as forming theory and social control theory of network public opinion. Thereforewe can’t ignore the influence from network public opinion on judicial trial.Part2is the analysis on the relationship between judicial trial and networkpublic opinion. Freedom of speech is the important content of modern country underthe rule of law, and the legitimacy of supervision for network public opinion is abovesuspicion. This part points out the influence from network public opinion on judicialtrial, and the on this basis analyzes different effects that phenomena of network publicopinion has on judicial trial; on one side, network public opinion has facilitation forjudicial trial; on the other side, network public opinion violates judicial trial naturally,and the excessive tension between the both will damage fairness of judicial trial. Atlast this part illustrates the real reaction judicial office in our country has for networkpublic opinion.Part3is reason analysis for the conflict between network public opinion andjudicial trial. The different natures of network public opinion and judicial trial decidethe inevitability of the conflict, therefore judicial office needs to objectively considerthe conflict; currently insufficient judicial authority makes judicial office lose theability to clear up the impact of public opinion, which is also the important reason forthe conflict between the both; lack in auto-rhythmicity in network public opinion alsomakes the relationship between the both more strain.Part4puts forward a direction of benign interaction between judicial trial andnetwork public opinion. In the former part, we analyzes the reasons for the conflictbetween network public opinion and judicial trial; the attitude administration ofjustice has for network public opinion is crucial to realize benign interaction betweenjudicial trial and network public opinion owing to the inevitable conflict between theboth. First administration of justice should consider the conflict between itself andnetwork public opinion, and establish reasonable attitude, both insisting judicialreason and respecting network public opinion. Second judicial institution needs to beperfected to enhance judicial authority. Finally judicial office should pay moreattention to communication between network public opinion, improve the understanding between the both to realize trust and defuse the conflict to a largeextent.