On The Network Supervision Of Public Opinion And Its Restrictions

The network supervision of public opinion is the public opinion forming to supervise the behavior with the aid of the network, is a new form and an important part of supervision by public opinion. Compared with the traditional supervision by public opinion.The network supervision of public opinion has the characteristics of fast, extensive contents, free, anonymous and strong participation. It is playing an important role in the supervision of public power, the protection of civil rights, communication and public opinion, resolve the social crisis, safeguard judicial justice, promote social equity and justice. However, the network supervision of public opinion also is a double-edged sword, it has also brought many negative effects to the society, the main performances are:the network supervision of public opinion is inconsistent with the facts, the network supervision of public opinion infringes other rights, the judicial intervention, affects the independence of the judiciary and so on.This article is divided into four chapters.The first chapter we started from the concept of the network supervision of public opinion, summarized the forms and characteristics of the network supervision of public opinion.The second chapter the legal basis of network supervision of public opinion was discussed. We analyzed the opinion of the constitutional theory:the power of the people’s sovereignty theory, the theory of power restriction,the theory of freedom of speech. The third chapter we dialectical analyzed the effect of the network supervision of public opinion, analyzed the important role in oversight of public powers, and the protection of civil rights which the network supervision of public opinion had. And we also analyzed the negative impact on the Infringement of citizens’ private rights and intervention the course of justice. The fourth chapter we defined the boundaries between the network supervision of public opinion rights and other rights, analyzed how to restrict and balance the right of the network supervision of public opinion rights and other rights.