Conflict And Adjustment Between The Supervision Of Online Public Opinion And The Independent Exercise Of Judicial Power By The People’s Court

With the rapid development of network media,there is a subtle relationship between public opinion and judicature.Public opinion is warm,simple and irregular,the administration of Justice is rational,restrained and regulated according to procedures;citizens enjoy the right to freedom of speech,and everyone is the subject of supervision by public opinion,while the judicial power is compulsory,only the judiciary can act independently;public opinion can be the opinion of different people,and the judicial decision is the only conclusion;there is only one truth;in essence,public opinion and justice are different.At the same time,public opinion and judicature both seek to disclose the truth and maintain the social justice,and take the realization of fairness and justice as the common value goal.Therefore,to find the balance point between public opinion and judicature,and according to the actual situation of our country,to explore the solution to the conflict between the supervision of network public opinion and the independent exercise of judicial power by the People’s Court,so as to better realize the positive interaction between public opinion and judicature.It is undeniable that the exercise of the right of supervision by online public opinion is not only the free expression of the right of expression,but also the progress of the democratic process,it has also made important contributions to the promotion of judicial openness,the promotion of fair trials and the prevention of unjust,false and erroneous cases,but from the dialectical point of view,supervision by Internet public opinion is also a double-edged sword,while we can see its positive effects,we should also be alert to the problems it brings.In judicial practice,judicial activities have been interfered by different forces from outside,the expansion of administrative power,the entrustment of favors from relatives and friends,and the excessive exercise of network public opinion supervision right,will inevitably affect and interfere with the normal conduct of judicial activities.With the development of the Internet age,the ways of supervising public power are increasingly diversified,the judicial activities are becoming moreopen and transparent,and a series of factors interfering with the court trial,such as power,human feelings and violence,are further restrained,but public opinion,in the name of morality,can run amok in the world of trial intervention."Yao Jiaxin case","Jiang Song Case","Yu Huan case","Kunshan anti-killing case",behind the verdict,we see the impact of public opinion on the judiciary.Of course,public opinion is the direct expression of public sentiment and public opinion,but judicial trial is also the defense line to protect the legitimate rights and interests of citizens and maintain social justice.Therefore,this article aims to guarantee the full exercise of the right of supervision by public opinion on the Internet,to balance the relationship between them and the independent exercise of judicial power,to explore the dynamic path of their reasonable development,so that the judiciary can restrain public opinion and public opinion can supervise the administration of justice.This paper studies the conflict and adjustment between the supervision of the network public opinion and the independent exercise of the judicial power of the People’s Court through four parts: the first part mainly expounds the basic theory of the supervision of the network public opinion and the independent exercise of the judicial power of the People’s Court,by defining the concept of Network Public Opinion Supervision,this paper points out that it has the characteristics of rapid communication,interaction and content uncertainty.Then it analyzes the connotation and intrinsic value of the independent exercise of judicial power of the People’s Court,and affirms the positive influence and positive significance of the supervision of Internet public opinion in the process of judicial reform The second part elaborates the concrete manifestation of the conflict between the supervision of the network public opinion and the independent exercise of the judicial power of the People’s Court,and summarizes the main types of the conflict between the two in judicial practice through the analysis of the hot social cases,that is,the network public opinion affects the judicial judgment and the People’s Court treats the public opinion supervision negatively The third part analyzes the causes of the conflict of judicature and public opinion from the following aspects: the defect of network public opinion itself,the existing problems in the field of judicature,the different nature of the two and the different ways of thinking The fourth part,through reading and drawing lessons from the experience of other regions,on the basis of the current situation of our country,puts forward the countermeasures to conflict between the supervision of network public opinion and the independent exercise of judicial power by the People’s Court: First,the measures at the level ofnetwork media,on the premise of fully guaranteeing the reasonable exercise of the right to freedom of the press by the Internet media,combining the self-discipline of the Internet media with the mechanism of other-discipline,and ensuring the truth and objectivity of news reports by strengthening the professional ethics of the media,improving the supervision of Internet public opinion,constructing the media supervision environment of harmonious civilization.Secondly,on the premise of guaranteeing the independent exercise of judicial power,the judicial authorities will establish a sound network public opinion communication mechanism and a timely response mechanism for major cases to promote judicial personnel to rationally face public opinion editorials,at the same time,we should pay attention to the improvement of the professional level of judicial staff,and try our best to reduce the occurrence of unfair trials on the basis of a sound judicial system.Finally,we should standardize the way of netizens’ behavior,raise their legal awareness,and guide the supervision of "public opinion",which may be biased,through a series of measures to popularize the law and publicize the rule of law,let the "double-edged Sword" of network public opinion play its positive role.