Justice And Society New Media Age

As a kind of constitutional rights, the freedom of speech is carried out well inpractice in this era of new media. With the help of the new media, people could get newinformation, express opinions and make suggestions whenever and wherever possible.But every coin has two sides. Due to its natural defects, while the new media supportsour speech freedom quite well, it also produces some negative effects. Which meansthat it would affect the independent trial by the judicial organs, damage their images andviolate privacy to a certain extent, if people overuse this “two-side” measure. On thecontrary, the proper use would give play to judicial supervision in some way, assurejudicial justice and prevent abuse of power. How to use this “double-edged sword”correctly to promote benign interactions between the judicature and society? This is aproblem to be solved.“Peng Yu case” and “Xu Yunhe case” are typical cases about judicial and socialinteraction in the new media era. Because of the particularity of the case itself (moraljudgment about human nature) and the related legal problems, The two cases has causedwide public concern. The public opinion tended to be one-sided. People believed therewere something wrong with the sentence. By analyzing the two cases, the authorbelieves that there are exceptions in the rule of experience applied by judges, which areout of the high degree of probabilities of proof standard. On the other hand, biasedpublic opinion in a large scale will seriously impact the independent trial by the judicialorgans. By analyzing the rule and characteristic of public opinion, the author insists thatthe judicial organs should pay attention to the impact of public opinion to the judicialactivity. Judicial organs should grasp the focus of public opinion at the first time, directpublic opinion in the right way and emphasize the leading function of expert opinion. Atthe same time,we should also perfect the legal system, improve the professional qualityof judicial personnel and pay much attention to the social universal value In the hearingof cases. In addition, freedom of the press should report objectively which means themedia must be practical and realistic in the report, instead of subjective assessments. Weshould lead public opinion by strengthening self-regulation to maintain the right ofmedia supervision, and realize benign interaction between the judicature and society eventually.In order to solve the benign interaction of judicature and society under the newmedia era, this paper will analyse the reasons and solutions in the followingaspects:(1)the basic facts of "Peng Yu case" and "Xu Yunhe case"legal.(2)legal issuesanalysis of the two cases.(3)misunderstanding of the public and media about thecases.(4) The distance between the judicature and society, as well as the cause andrelated recommendations for the significant deviations of social orientation of thejudicial function.