On The Restriction Of Judicature To Public Opinion In The New Media Era

In the new media era,the game between judicature and public opinion supervision is an inevitable phenomenon for the construction of the socialist rule of law.Only when they both restrict and promote each other,the rule of law in the country can be promoted together.Judicature and public opinion both seem pursuing social equity and justice,but it is not so in fact.Only under the premise of ensuring its own economic interest,the news consensus can have the capital to pursue social equity and justice.In the new media era,the paper media are constantly impacted.In order to win the audience’s attention,various types of network media even sacrifice the quality which the journalist shall have.Reports with distorted content,reports with improper comment,excessively true reports,reports which expose the privacy,reports with excessive praise and so on often occur.Even some of the new media wantonly report cases which are not concluded and lead to public opinion frenzy,which ultimately affects the trial of the cases.Therefore,aiming at the current intervention of public opinion to judicature,the judicature must restrict the public opinion.The first is to clear that the news spokesman is no longer just a person,but a kind of system,by perfecting the news spokesman system,so that when facing public opinion,it can grasp the initiative of public opinion,guide the development orientation of public opinion and enhance the initiative of judicature to restrict public opinion supervision.The second is to improve the preservation and notarization system of network evidence.In the new media era,the infringement of network consensus is more and more common.The preservation and notarization system of network evidence can be developed into the most convenient and efficient way with lowest cost to solve the infringement of network consensus.The third is to clear the responsibility distribution for the infringement of network consensus.When there is infringement case of public opinion,the court can first determine the responsibility subject for the infringement among the information provider,author,repeat spreader and news agency,and then assigns the responsibility.Finally,the judicial authorities should severely punish the news consensus’ behaviors of breaking boundary.No matter before,in or after the trial,the judicial organs can take corresponding measures to restrict the infringement of public opinion.