On The Effects Of Network Expression To The Judiciary

As the constantly forwarding and development of the procedure of democracy and the rule of law in China, citizens and natural person that act as independent legal person could discuss and express their perspectives, which are on the basis of nation’s politics, economy, culture, social and any other topics that are concerned about around us, throughout high-tech media platform like network and personal computer. The judicial application in China has a certain degree of objectivity and authoritative, however, the judicial application should have initiative as well, in accordance with China’s national conditions and the vast range of local grassroots social system. In the general rules of legal application premise, whether the subjective substantial elements like moral and ethical aspects should be added or not is also worth being considered. China aims to establish the socialism great legal concept with China’s characteristics, which is persevering the scientific concept of development, persevering the positivism analysis method during the process of judicial application as well as not violating the socialism morality in China. Therefore, in order to achieve the target, which is the organic unity between the legal and social effects as well as the commonly valuable orientation of the fairness and justice, the judiciary in China should give priority to base on laws and legal regulations while applicable laws, meanwhile, specific analysis are appropriate on the basis of particular circumstances of the case as well as realize public opinion tendency so that taking full account of the social impact of judicial decisions.Network expression is helpful to build a platform for supervising judicial powers in a certain extent and establish judicial authority. And it is also conducive to promote the prevention of corruption in the judiciary and the realization of judicial justice. And it is also benefit from promoting the enhancement of judicial credibility as well as improving the openness of the administration of justice. However, without rational guiding, exercising any rights would be abused non-rationally, In recognition of sorting typical judicial cases with characteristics as well as taking full advantage of comparative research method in this assignment, it could be easily come up with the consequence that, if the community and people expressed throughout the approach of network expression as well as excessively and non-rationally indicating perspectives, which would interfere with the judicial inappropriately; and if there had been no relevant and specific normative obstructions and limitations, there also would be more and more negative impacts on the judicial application. What’s worse, the independent trial of the judiciary would be affected if the network expression had improperly interfered the judiciary. In addition, the normal judicial process would be affected if the power had been over-expanded. Eventually, it may mislead judicial interpretation as well as affect judicial officers’ rational decisions.Seeking for a balancing mechanism or some positive coping strategies, which are intimately bound up with achieving an organic fit between legal effects and social effects of the judicial application is imperative. Throughout reasonable guide and perfection of relevant system, network expression should be standardized on the basis of respecting for the objectively existence, in order to protect the value orientation of the fact that judiciary wins trust from citizens and legal enforcement for citizens, and ensure the independence of the judiciary and judicial transparency.