The Positive Coordinate Between Supervision By Network Consensus And The Justice Of Jurisdiction

While"manages state affairs according to law"the plan thorough implementation, people's government by law idea and the legal awareness also unceasingly strengthen, the judicial question even more attracts populace's eyeball. Meanwhile, whether the judicial is fair or not also more and more receive attentions. As the traditional media is known well day by day by the human under the background, information age's arrival, Internet's development lives the influence to the populace to be day by day obvious. The network supervision of public opinion also arises at the historic moment. In some have in the representative case, the network public opinion has replaced the traditional media, and participates in judicature's process as one more formidable supervision of public opinion strength. But, because the network supervision of public opinion's is not mature, as well as the entire social security system is imperfect, some extreme public opinions will create the judicial work unavoidably with difficulty advance, drag on or will change the original judgment repeatedly the case will also sometimes occur. Thus it can be seen, the two's conflict already the influence which created fairly to the judicature, therefore, analyzed the two conflict reason, sought the two's benign interaction to our country's legislative work, to process populace's legal belief, to improve people's legal quality to have the positive sense.These article altogether five parts were right"the positive coordinate the network supervision of public opinion and the judicial fair benignity interaction"this topic has launched the research. The first part mainly has carried on the outline to the network supervision of public opinion and the judicial fair correlation theories, first has limited the network supervision of public opinion's meaning, the manifestation and the characteristic, then has analyzed the judicial fair connotation and the intrinsic value. The second part has been collecting fully overseas about under this thesis legal rule premise, separately to the mainland legal system and the UK-US legal system's related system stipulated that has carried on the elaboration. The third part has outlined our country network public opinion development present situation and to realizes the judicature fair promotion effect, first reviewed our country network public opinion development present situation, then has pointed out the network public opinion from four aspects to the judicature fair pushing effect: Safeguard jurisdiction independence; The promotion judicature is just; Establishes the new media supervising mechanism; Promotion legal awareness, government by law idea establishment and dissemination. The fourth part of selective analysis current network supervision of public opinion has caused to realize the new question which in the judicial fair process appears, has pointed out the network public opinion and the judicial fair conflict and the question: The hindrance trial is fair, the disturbance investigates and deals with the procedure, to encroach upon the citizen privacy, the implementation way to be not satisfactory, and searched thoroughly has analyzed the network public opinion and the judicial fair conflict reason. The fifth part, in the preamble research foundation, profits from the overseas advanced experience, unifies our country national condition, proposed under the network supervision of public opinion background realizes the judicial fair system construction as well as the safeguard mechanism. First analyzed under the network supervision of public opinion background to realize our country judicature fair system construction: Speeds up the network public opinion the legislative rules and regulations; Establishes the perfect populace to participate in the mechanism; Construction perfect judicature democratic supervision mechanism; Establishes the important case to respond the mechanism, then proposed under the network supervision of public opinion background our country realizes the judicature fair safeguard mechanism: Enhances judge the overall quality, sets up the judicial authority; Reforms the court internal judicature management system; Sets up the mainstream the ideology and the civilized network culture; Enlarges to the network public opinion supervision and guidance.