On The Conflict And Balance Between Network Public Opinion Supervision And Judicial Judgment

With the continuous development of social technology and the popularization of the Internet,a new "Internet era" has arrived.Today,the Internet has become more and more inseparable from the lives of the public due to its immediate,convenient and extensive characteristics,and has become a carrier for many information dissemination.At the same time.due to the extremely low restrictions and costs of Internet information dissemination,the public only needs to simply connect the device to the network to make speeches,making Weibo,forum,WeChat and other new media become the main media for online public opinion dissemination.These new media are different from traditional media,making up for the unidirectional nature of traditional media information dissemination,information spread extremely fast in these new media media,at the same time,the public can quickly feedback information at any time after learning the information,which makes the network develop into an effective channel for public opinion communication.On the one hand,the supervision of online public opinion is a "stabilizer" for the proper exercise of public decision-making power,and has positive value for judicial operation,such as the "Yu Huan intentional homicide case"in Liaocheng,Shandong,the "Zhao Yu case" in Fuzhou,Fujian,and the "Wu Ying case" in Dongyang,Zhejiang.It can be said that good supervision by online public opinion is conducive to the identification of cases and the realization of fairness and justice in cases.On the other hand,online public opinion is based on the public’s concept of moral justice,which is very easy to produce emotional and radical remarks,coupled with the current lack of a sound legal system in China to regulate online public opinion,judicial credibility is also relatively weak,judicial authority will be weakened due to excessive participation of the public,which means that it is necessary to be vigilant against the impact of public will on judicial activities.The relationship between online public opinion supervision and judicial adjudication is mainly manifested in the relationship between public will and legal will,which refers to the formation of moral supervision of judicial acts on the Internet information platform by the public on the Internet information platform based on moral habits,so as to achieve inner fairness and justice;Legal will refers to the pursuit of social justice by judicial personnel on the basis of facts and law.Although online public opinion supervision and judicial adjudication show consistency in terms of value and goal in content,the two will still conflict due to different concepts.The reasons are the natural conflict between freedom of speech and judicial independence,the profit-seeking nature of online media itself,the dispute between procedural justice and substantive justice,the dispute between social and legal effects,and the dispute between judicial professionalization and democratization.Therefore,in the context of comprehensively building a country under the rule of law and deepening the reform of the judicial system,we should actively explore effective measures to guide online public opinion,minimize the adverse impact of online public opinion on judicial adjudication,and achieve a balance between the two.