On The Contradiction And Coordination Of The Network Public Opinion And Judicial Independence

The contradiction of pubic opinion and the judicial,which is difficult to rationalize,always lies in the judicial process.How to have a good operation in the close attention ofjustice,the key is how to understand and rationalize the contradiction relationship. To theresearch of their contra dictionary relationship, Chinese academic predecessors generally havethree kinds of views. The first kind of view, justice should comply with the public opinion.The second view, justice should be independent of public opinion. The third view, justiceshould keep distance with the power and public opinion.For correctly understanding the relationship between public opinion and judicial, thispaper has five parts:The first part mainly introduces the concept and characteristics of network publicopinion. The network of public opinion, this is a partial structural phrase, word is publicopinion. The key to understand the concept of the network public opinion lies in theunderstanding of the concept of public opinion. Characteristics of public opinion in thenetwork,based on the characteristics of network itself, which has three typical characteristics.First,the network public opinion,which is changeable; second, it is irrational; third, it can beguided.The second part mainly introduces the utility of the network public opinion, includingthe positive function and the negative negative function. Now the positive function mainly hastwo aspects, including it is the assurance of citizen right and it is also the prevention act of thejudicial corruption. The negative function is also shown in two aspects, including the networkis easy to breed the false network public opinion and it is also easy to form a “consensusviolence”.The third part mainly introduces the justice value and social value of the judicialindependence.The fourth part has a detailed analysis of the conflict of network public opinion and thejudicial independence. In this part,Yao’s case as an example,the conflict situation analysis ofthe network public opinion and judicial independence, which leads to the conflict reasonsbetween the network public opinion and the judicial independence has three main. First, it ismainly manifested in the conflict of rights and power; second, it is mainly the conflict in thelegal facts and the facts of cases; third, it is the justice conflict between law and moral. The fifth part mainly introduces the coordination of the network public opinion andjudicial independence. Based on the judicial, media and the public point of view, this part putsforward some coordination measures about the network pubic opinion and the judicialindependence. From the judicial point of view, there are following four requirements: first, itneed to guarantee the independence of judge; second, it need to adhere to the public judgment;third, it need to set up a special poll, leading and in response to public opinion; fourth, it needto improve the moral quality of the judge occupation. From the media point of view, there arefollowing two requirements: first, it need to adhere to the objective reality of the transmissionof information; second, it need to strengthen the “gatekeeper” management. From the publicpoint of view, the same two requirements: first, it need to enhance the sense of identity oflegal value; second, it need to adhere to the reasonable supervision of public opinion.Above all, the network public opinion and the judicial independence are the two bridgesin the process of Modern rule of law, can not be neglected one. Justice should keep distancewith public opinion, namely judicial cannot comply with the public opinion. But justicecannot set public opinion no matter, should strengthen the communication with the network ofpublic opinion.