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The Relationship Between The Criminal Trials And The Network Public Opinions

Posted on:2013-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:J Q LiuFull Text:PDF
GTID:2256330395988197Subject:Procedural Law
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The network public opinions, as a newly emerging force, has had an obviousimpact on China’s judicial field. Particularly, multitudes of typical cases demonstratedover recent times.Concerning this issue, some people realize that it is the beginning of judicialdemocracy, and some people think that it is another front of judicial supervision, andsome people believe that it is a good opportunity of judicial publicity, but somepeople ponder that it rudely meddles in judicial independence, even some peoplecontemplate it could break the legalization progress in China.As the ultimate social disputes settlement mechanism, fairness and justice are theforemost value in criminal trials. Internet users regard network as carriers to expresstheir emotions, attitudes and opinions, forming a strong momentum, in an atmosphereof freedom of speech.How to deal with the network public opinions, which is the most useful relationbetween them, what is the boundaries of supervision,how to make the network publicopinions both supervise administration of justice and promote openness and fairnessin criminal trials without impairing judicial independence,fairness and justice, all ofthese problems are necessary to solve.This dissertation will discuss the relation between them by analyzing rationallythe network public opinions combined with social and judicial status, and bring forthrelevant proposals to form a clearer cognition of this issue for establishing a healthyrelation between the network public opinions and criminal trials.In the first part, it analyzes the current status of relation of the network publicopinions and criminal trials, and discusses the reason why network public opinionshighly concern with judicial trials and impact on judicial trials.The thesis believes, the basic reason why the network public opinions focus on thecriminal trial stems from the criminal nature of the case, which is related with humanethics and morality and arouse the notion about good or evil and simple feelings ofordinary people, whereas the harshness and irreversibility of criminal penalty makegeneral public attach importance to the fairness and justice of criminal trials. Based onthinking of self-interests, general public place considerable emphasis on criminal law to maintain social order.At the present stage, the channel of appeal is weak, and the discrepancy betweenthe increasingly awakening awareness of rights and rules of law is gradually emerging,and network provides us with an open and free platform causing an inevitable trend ofthat the network public opinions focus on the criminal trials. Various socialcontradictions accumulated in the judicial field in a period of transition, they alsobecome a catalyst.There are two sides of the impact resulting from the network public opinionsfocusing on a criminal trial. On one hand, it benefits in promoting judicialtransparency; on another hand, it forms an effective supervision of judicial officials.To some extent, it becomes the source of the intellectual resources of judge so thatcriminal trials can be more fair and impartial, but it also can disturb theindependence of trial in order to it brings negative impact on the judicial authority andcredibility.In the second part, it analyzes the network public opinions, trying to find theessential reason why network public opinions creates the above effects throughdissecting its traits and characteristics, so that lay the foundation for the exploration oftheir healthy relations. Seen from the characteristics of the network technology andhuman psychology, it can be certified that the remarkable features of the networkpublic opinions are its freedom, interactive, mixed and irrational. What’s more, thequality of different Internet users who come from different background decides that itcannot reflect on public opinions absolutely. The attitude towards ignoring orfollowing blindly network of public opinions is not desirable, we must analyzerationally and guide reasonably.The third part of this dissertation is the most important narrative, the relationbetween the network public opinions and criminal trials. The paper considers that therelation of them is conflicting as well as compatible. Both of them have the samepurpose. The pursuit of justice, the desire of achieving rule of law, the highlight ofhuman rights protection, all of them are the mainstream of the relation between thetwo, and also are an important foundation for the relation between the two reconciled.However, because legal professional groups gradually formed, the judicialasymmetric information and artificially deliberate manipulation lead to the inchoateconflict, appearing in the network public opinions laying particular stress onindividual cases, ignoring the system of justice, and emphasizing on substantive justice rather than procedural justice. These conflicts base on the reality and regime,and they are temporary. With the improvement of China’s development of the rule oflaw and civil legal literacy, it may be solved gradually.The fourth part brings forth ideas of how to build a positive interaction betweenthe network public opinions and the criminal trials. The article deems that criminaltrials must persist in the principle of independence and the progressive strengtheningof justice, and prospect a legitimate way to make public opinions have access tocriminal trials. Meanwhile, we must focus on building a network morality andcultivating civil awareness of Internet users, let the network public opinions graduallybecome rational,the related judiciary should also attach importance to improving theability to deal with the network public opinions.
Keywords/Search Tags:network public opinion, criminal trial, the course of justice
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