Research On The Influence Of Network Public Opinion On Judicial Sentencing

The network subject’s discussion on social hot events is not only a kind ofentertainment at people’s leisure time, but it also has a strong impact on judicialadjudication, which is best exemplified in many cases such as “Liu Yong Case”,“XuTing Case”,“Li Changkui Case”,“Yao Jiaxin Murder Case”,“Deng Yujiao Case”, and“Wu Ying Case” which is mainly discussed in this thesis. Frequent changes of thejudicial results easily create an illusion that these results depend on public opinion, sopublic opinion becomes increasingly rampant, which is not conducive to theestablishment of legal authority and the rational development of public opinion. Sincepublic opinion supervision and judicial justice are two indispensably basic elements of asocialist law-governed society, it is not wise to blindly inhibit the development of publicopinions in order to get the independence of judicature. To explore the benigncoexistence of judicial adjudication and network public opinion is the only solution.The paper is studied by literature research method and multidisciplinarycombination method and mainly focuses on discussing “Wu Ying Case” with somerelated hot legal events. Based on both theories and examples, the chief purpose of thisstudy is aimed to find the best way of harmonious coexistence of judicial adjudicationand network public opinion. This paper consists of five parts. The first part gives a briefintroduction about the significance and current status of research, the innovation of thisthesis and several possible problems. The second part mainly defines the concepts ofnetwork public opinion and judicature and hackles the origins of these concepts. What’smore, the author gives a detailed discussion of new characteristics of network publicopinion and principles that should be adhered to by judicial adjudication. The third partanalyzes network public opinion’s influence on judicial adjudication in severalhotly-debated representative events. Not only does this part analyze the process of hownetwork public opinion influences judicial adjudication in “Wu Ying Case”, but itanalyzes two typical cases of the past. In the fourth part, the author makes an analysis ofthe reasons why network public opinion can greatly influence judicial adjudication. Thispart also respectively summarizes the conflict and balance between network publicopinion and judicature. Based on the above analysis, the last part proposes somepertinent suggestions on how network public opinion and judicature work togetherharmoniously. The author advocates seeking the approach of coexistence from judicialsystem and network public opinion’s joint efforts. The above discussion shows that network public opinion is a new form of citizens’supervision on judicial adjudication. It plays an indispensable role in supervising andurging the transparency and reform of judicature and improving legislation system.Yet because of the characteristics of the network itself, the network subject’s shortage oflegal knowledge and the weak awareness of self-discipline and so on, network publicopinion can also excessively intervene in judicature, which will damage theindependence of judicature. For now, it is better not to knife as a slice by inhibitingnetwork public opinion or not to allow it to spread at random. Academic circles shouldactively explore the new subject about seeking the benign interaction and harmoniouscoexistence between judicial adjudication and network public opinion.