| With the development of the Internet age,the public is more and more widely involved in the trial of criminal cases through network public opinion.Internet public opinion is the public’s inner demand for criminal cases,which inevitably collides with each other.Both of them show the relationship of mutual influence and conflict.The characteristics of public opinion in the network environment show the irrationality of the network public opinion.Therefore,in criminal judgment,we can’t "let the Internet public opinion go".On the one hand,Internet public opinion can better supervise criminal judgment and have a positive impact on the field of Criminal Justice.On the other hand,Internet public opinion also seriously interferes with criminal judgment,which has a lot of adverse effects on criminal justice.We can’t take all the Internet public opinions in the criminal judgment.We should refer to the experience of foreign countries and the current situation at home and abroad to seek ways to actively guide the Internet public opinion.Not trapped by the Internet public opinion,so that the two can reach a balance in the conflict.Through the discussion of measures to achieve the harmonious communication between the Internet public opinion and the criminal judgment.This paper is divided into five parts:The first part is to determine the scope of discussion on Internet public opinion in the article,confirm to discuss the article in the sense of law,reflect the value demands in the field of criminal law.And summarize the characteristics of the qualitative analysis of network public opinion,pave the way for the next analysis.The second part explores the positive influence of Internet public opinion on criminal judgment.Internet public opinion does not have nothing.Through the case analysis,if we actively absorb the rational advantage of the Internet public opinion,it will be of great benefit to the public opinion supervision of criminal adjudication in an all-round way,to deepen the specific cases,to refine and specify the behavior identification,to avoid misjudgment and miscarriage of justice,and to curb judicial corruption.The third part analyzes the negative influence and reasons of the Internet public opinion on the criminal judgment.The Internet public opinion is a "double-edged sword",which can not fully comply with it.By analyzing the case again,it can beconcluded that the irrational network public opinion conflicts with the value of criminal law,will interfere in the independent trial of the case,hinder the use of discretion,affect the process of the case,and violate the legitimate rights and interests of relevant personnel.The negative influence is attributed to the support of relevant theoretical and practical factors of network public opinion.The fourth part explores the relevant provisions of foreign countries.From the formulation and operation of contempt of court in England,the establishment of jury system in the United States and other countries’ measures,we can learn from our experience to strengthen the improvement of relevant legislation and case trial in China.The fifth part puts forward the measures to construct the relationship between the two.Find out the role of Internet public opinion in criminal judgment.Learn from the experience of foreign countries,control the relationship between media reports and criminal adjudication,avoid the trial of a case pending,and improve the people’s jury system.Through the court to improve the information disclosure system,increase the reasoning of judgment documents,establish a system to deal with the pressure of public opinion,as well as the correct distinction and identification of public opinion,multi-dimensional guidance and regulation,in order to find a positive interaction between the two... |
