Network Of Public Opinion And Criminal Trials Are Fair

With the development of the Internet, the internet has become one of the main channel of information transfering.In recent years, the network not only plays a role of disseminating information, promoting netizens'communication, supervising national legislative, executive, and judicial system, but also causes a few infringement of citizens' rights phenomenon, such as "human-powered search" torts. While in supervision in the people's courts, it also appeared such phenomenon as "intervention judicial", "interfere trial". Undoubtedly, the netizen have the constitutional right to participate in jurisdiction and supervise the court's jurisdiction. With the people's court , network of public opinion is able to urge them exercise judicial power lawfully, reduce corruption, it can propaganda legal consciousness to all the people, it also can be helpful to set court's authoritativeness.But sometimes, network public opinionwhich is sensuous, representing people's simple moral consciousness, will conflict with court's opinion which represents the rationality, legal belief inevitablely, how to coordinate the conflict, prevent the network opinion from intervening criminal trial, the author will try to throw out a suggestion.This paper is divided into four parts.The first part is network opinion overview. Because the uniquenes of network information transmission, the network opinion which produces in network environment also exist its distinctive characteristic, whether the network opinion can represent "people's opinion"? The answer is yes, so the network opinion exist in our internet is reasonable, too. Analyze the network opinion cases, we can find that not all criminal case would become the focus of the netizen, the cases which involve officials, or a widening gap between rich and poor seems be more likely to become to the focus of the netizen.The second part is judicial justice.Judicial justice is shown in three aspects: firstly, the neutrality of criminal trial. The neutrality of criminal trial is the base of judicial justic. The second, the independence of criminal trial. If we intend the judge to faith in law, only in accordance with the provisions of laws for dealing with the case is not enough, we must ensure that the judicial is independent, avoiding them be tntervened or be threated. The third, it is openning the trial precedure. These three are connected with each other.The third part is the relationship between the network public opinions and criminal trial. There are some mutual coordination places betwween them. The purpose of them is the same, the network also is helpful with criminal trial. However, there are some conflicts between them, too, because the leading Internet opinion maybe different from the opinion of the court, including the fact and the application law. There are also lots of reasons for the differences.The fourth part is how to response network public opinions, and promote the judicial justice. It requires a lot of efforts. Firstly, we need to improve the independence of the court to enhance the people to trust the court; Second, we need to strengthen the neutrality of the court to enhance the people to trust the court; Thirdly, we need to strengthen the transparency of the criminal prcedure, in order to enhance the people to trust the court; Fourth, people's court needs to establish the department whose responsibility is response the network opinions specially, a spokesman is also needed;Fifth, we should improve the courts'ability of responsing the network opinions, especially the basic people's court; The sixth, we should lead the network media, rather than restrictions on freedom of speech;The seventh, we can use traditional media, to influence network public opinions;the eighth, we should establish a systerm to investigate and affix the responsibility for speading false information deliberately;the ninth,we should strengthen the consciousness of the rule for Internet users.We believe, most Internet users do not have illegally sense to interfere criminal trial when they give their opinions, they just want to post their comments, ideas, and hope the people's court can consider their opinions and Suggestions. Even the person, whose opinion differ with the judgement greatly, is only filled with the most simple of justice and morality in their opinions, not malicious, much less the existence of this network public opinions is lawful and necessary. Therefore, the conflict between them can be guided, also can be solved. The people's court who has the national judicial power, should accept the obligation to guide network opinions to the right direction and considerate the netizens opinion, in order to make a just judgement.