Shallowly Discusses Our Country’s Judicial Independence

In recent years, with the happening of a few hot cases, the internet public opinion gives more influences and even threats to the judicial adjudication. Thanks to the advance and wide application of the Internet technology, the public’s concern and participation in the discussion of the hot cases by network has become very common. In view of the characteristics of the net such as virtualization, confidentiality and interactivity, people can present any comments on the cases they care about. A variety of viewpoints, suggestions and ideas spread rapidly and combined together, thus generating great pressure from public opinion, which could influence and even overturn the judicial adjudication. There are some cases in point such as Xu Ting, Yao Jiaxin and Li Changkui. This phenomenon aroused extensive attention of scholars who hold the negative opinion. It is clearly not normal and has obvious dangers, because it not only infringes on the jurisdiction and undermines judicial credibility, but also does harm to justice, making the sense of "judiciary as the last defense of social justice" meaningless. To eliminate the phenomenon, we must find out the primary causes resulting in it at first. And the author thinks that the unique situation of China’s judicial independence is the key point. So, improving the independent judiciary system of China is on the top priority.This paper is divided into four parts:Part Ⅰ:The overview of the internet public opinion. At first, the concept of the internet public opinion was expounded in theory, following by its characteristics such as the wide range of participants and their irrationality and the obstacles to regulate.Part Ⅱ:The current situation and jeopardy of judicial adjudication being controlled by the internet public opinion. First, the author presented the current situation and generation process of the controlled judicature by reviewing and analyzing the typical cases, which enable readers to understand the phenomenon more specifically and deeply. And the jeopardy was analyzed such as influencing the course of justice, eroding judicial credibility and damaging legal authority.Part Ⅲ:find out the reason that causes the irrational phenomenon. The author believes that the direct cause of the phenomenon is the lack of judicial credibility. People don’t think the judicial system is fair. That’s because so many factors that exist in current situation are interfering in judicial adjudication. And that’s just the very basic reason.Part IV: suggestions to improve judicial independence. They are as follows:first, to coordinate the relations between CPC’s leadership and judicature; second, to improve the NPC’s supervision on judicature; third, to eliminate the interference from administrative power; four, to guarantee the independence between the lower and higher courts; five, to establish the system of judge independence.