Research On Judicial Justice Promoted By Network Supervision

With the advent of the information society, the conflict occurring between the networksupervision and the judicial trial in the course of the practice becomes the focus of attention.The jurisdiction serves as a kind of the judgment power, so the maintenance of social justiceis its ultimate goal. How to ensure the judicial justice is the focused problem in China’sjudicial reform process. To carry out the effective supervision of the judicial trial is animportant means to ensure the judicial justice. The network supervision is one of manysupervision tools, which we recognized as a quick and effective means of supervision. Andbecause of its timeliness, wide coverage, efficiency and many other advantages, the networksupervision becomes an important means of supervision. In recent years, due to the rapiddevelopment of the network, the network supervision on the judicial cases is increasing, whilemany scholars believe that the network supervision impedes the judicial independence andhinders the judicial justice. I believe that, in our country, the network supervision does notplay the role of a factor that hinders the judicial independence, but an important means toensure the judicial justice. When we explore the problem, we should not focus on how to limitthe network supervision but should discuss how to use the legal means to guarantee that thenetwork supervision fully plays the role, and establish the positive interaction between thenetwork supervision and the judicial trial and promote the judicial justice to the maximumextent as possibly as we can.The thesis is divided into three parts; the first part positions the concept of the networksupervision and uses it as the starting point and points out the network supervision serves asthe new way to the current supervision and new channel for the freedom of speech; based onit, it analyzes the current situation of the judicial trial in our country.The second part focuses on the analysis of the role of the network supervision in thejudicial trial, and makes detailed analysis of the relations between the network supervisionand the judicial independence as well as between the network supervision and the judicialjustice. Based on the current situation of our country, at the end of this part I draw my point ofview that the function of the network supervision does not serve as the factor that hinders thejudicial independence but as an important means to ensure the judicial justice.The third part focuses on the analysis of the basis for the positive interaction between thenetwork supervision and the judicial trial, and I mainly discuss it from the angles of theimprovement of the relevant laws and regulations, strengthening the supervision on thenetwork platform by the regulatory government departments, the online media moralself-construction, the judicial self-construction and establishment of the initiative copingmechanisms.