On The Tendency Of Transforming Into Power Of Public Opinion Supervision Judicial Activities Faced And Its Countermeasures

Most of the academic viewpoint has pointed out that,public opinion which is with news media in the lead is one kind of essential rights on the supervision of the judicial power.However,under the network media technology development today,traditional media lacking of regulation,or "opinion leaders",is provoking "artificial public opinion",taking advantage of the emerging network media,to guide the direction of people’s ideas,trying to influence the judgment.This paper attempts to take the relationship between right and power as a starting point,providing analysis of dissimilation of supervision by public opinion in the new era,and ultimately to ensure that the judge undisturbed.First of all,in the introduction,this paper takes Junfeng Xia case and Jiaxin Yao case for example respectively,which was interested by public opinion,to show how the public opinion was used to affect the judicial judgment.Also,in such a "media trial"phenomenon which has been criticized by many scholars,this paper shows that the core of this problem is the emergence of "artificial public opinion".Secondly,this paper exposits"artificial public opinion",by describing the definition of artificial public opinion,the condition of artificial public opinion and the formation of artificial public opinion.The condition of artificial public opinion is mainly refers to the rapid development of Internet media communication technology,which is the basis.In the formation of artificial public opinion part,this paper reveals why the artificial public opinion is called "artificial" with Gustave Le Bon’s point of view in "The Crowd"and with which method the leader controls the crowd.At this point,the discussion of artificial public opinion leads to the existence of power in the supervision of public opinion.Thirdly,this paper formally discusses the transforming into power of supervision by public opinion.In order to prevent the confusion that the supervision of public opinion is considered to be the "power",this paper points out that the supervision of public opinion is a right,rather than the so-called "Fourth Power".After combing the definitionand classification of "power" concept by some scholars,this paper displays its characteristics,then points out dominant force and strength,which are consistent with the current supervision of public opinion.Then,this paper introduces some of the scholars’ view of the "network media power"from the traditional power of the media newly,admitting the latter is within a broad category of power and distinguishing network media power and the the transforming into power of supervision by public opinion.At the same time,from another angle,this paper again proved that there is a power in the network of public opinion.At last,based on the above discussion,this paper puts forward the restriction measures of the influence of the transforming into power of public opinion supervision on the judicial act.Followed the previous train of thought,since it is for the part of the transforming into power,people could rely on the method of restricting power.This paper separately from three aspects which are the source of power,the subject of the power and the exercise of the power to try to put forward relevant control measures.In addition,to treat the root,combined with the status quo of judicial reform,this paper puts forward suggestions from the point of improving the quality of judicial work.