Along with the emergence and development of network technique, the Internet affects people’s lives with unprecedented speed. Owing to its convenience, quickness, efficiency, anonymity, etc, the Internet has gradually become the platform where people can exchange ideas and express their opinions and attitudes. In recent years, the network public opinion has raised rounds of hot waves in the judicial field. Also, it’s an indisputable fact that the network public opinion penetrated and affected the criminal justice progress to some extent. The network public opinion has its unique characters such as publicness, openness, timeliness. These natures which are an external supervision can restrict the unfairness and corruption in judicial trials. Meanwhile, some irrational characteristics have become an obstacle to judicial independence and fairness. How to realize the interaction between the network public opinion and criminal trials, which is a common concern of lawyers, and also a perplexing problem in current Chinese criminal justice field.This article tries to find the best balance point between the network public opinion and criminal trials, which is based on how to establish the sound interaction using the method of combining the theory and practice. This article altogether divides into five Parts:Chapter1specifies the network public opinion and its characteristics. Firstly, introduces the development and changes of the network public opinion and describes its connotation. Through the individual case which contains the network public opinion, the article analyses the difference between the network public opinion and traditional media forms, and then presents the characteristics of the network public opinion. Chapter2discusses the influence mechanism of network public opinion on the criminal trials. By using the method of demonstration analysis, the article introduces the formation time of network public opinion in hot criminal cases, and explored the process of public opinion influence on criminal trial through the case. Chapter3discusses the dual character of the network public opinion influence on the criminal trials. Network public opinion is a double-edged sword, it has negative and negative impact on the trial. From these two aspects, this part analyzed the network public opinion on the role of the judicial independence, judicial justice, and judicial authority. Chapter4demonstrates the legitimacy that criminal judicature pay close attention to network public opinion. This part discusses and analyses mainly from the organic unification of legal and social effect, the need of judicial democratization and openness, the policy requirements of judicial work, discretionary power these four aspects. Chapter5covers how to harmonize the conflict between network public opinion and criminal trials. Constructive proposals are put forward mainly from four aspects, including that the criminal trial should accept the concept of supervision by media, set up a mechanism which can respond to the public opinion on the network and screen it, guide and respond to public opinion of network properly and timely, absorb the reasonable network public opinion in the premise of insisting on the judicial independence. |