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On China Network Supervision By Public Opinion And Judicial Justice

Posted on:2012-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:F L LiFull Text:PDF
GTID:2216330368989851Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Due to public in traditional media channels of judicial activities comments the superiority of the network itself obstructive and, network is more and more popular, to become a public comment on the case, supervision and judicial activities important platform. Therefore network public opinion has become the important way judicial supervision and force that cannot be ignored, its can make judicial cases, much attention has urged the trial of cases involving openness, fairness and justice trend, through its and judicial benign interaction, so as to promote the realization of the judicial justice. However, once to network opinion without any restriction and supervision and allow its expression, so its will influence the judge, judge interference judicial independence and impartiality. Therefore, to network for judicial supervision by public opinion and the conflict between reason, how to effectively solve the network judicial supervision by public opinion and the contradiction between the public opinion, the network with benign interaction between the judicial justices, to promote the realization of importance.This paper based on the public opinion, justice, the investigation of the basic concepts, summarizing, summarize and analyze accurately extracted network supervision by public opinion and the concept of justice for the network demonstrates, supervision of public opinion and judicial impartiality and lay the foundation theory. Second, through the network of public opinions and judicial conflicts form summarization, to explore the various reasons for causing those conflicts. Network opinion in the supervision and judicial process, because network opinion and judicial the intrinsic property of different, accordingly, the network of public opinions and judicial determination standards, in the case facts pursuit of standards and treat cases to difference of attitude in both of the conflict. However, this is in essence accurately reflected interest subjects for law value between the different pursuit and produce conflict. So, network with judicial justice public opinion is the essence of conflict in public opinions and judicial Internal freedom and justice, freedom and order, rights and the rights of the conflict, the value dimension value conflicts can be mixed. Finally, hope that through the above theory analysis, can accurate positioning network to network media, realize legal supervision of public opinion, solve the network to public opinion and judicial conflicts and the benign interaction between them, and finally achieve judicial justice. Network opinion positioning is its only satisfies the public right of freedom of expression and tools of public wills, network opinion about judicial reports and comments in helping the public is right and the right to freedom of opinion and realization of judicial activities and its supervision and just the resulting by-product. Therefore, the existence of Internet public opinion to satisfy the public value is that in judicial information, whose duty is to the right and true objective and comprehensive evaluation reports and judicial activities, supervision and judicial activities of openness, impartiality and fairness. And the value lies in judicial through public trial, a fair sentence, realize the judge "three effect" unified to resolve conflicts, achieve judicial justice. So, the network supervision by public opinion and judicial common goal is consistent, namely through own efforts to promote the realization of the judicial justice. In practice, the hope can for network public opinion, and judicial supervision right to its own provide theoretical basis for legal supervision.
Keywords/Search Tags:Network of public opinion, Judicial Justice, Conflict and Coordination, Positive interaction
PDF Full Text Request
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