The Conflict And Balance Between Network Supervision By Public Opinion And Judicial Justice

For a long time, the relationship between supervision by public opinion and judicial justice is subtle and complex. With the popularity of the Internet, the Internet has changed ways of people’s expression. The network supervision by public opinion is a more direct, more rapid and more extensive impact, hitting the judicial system of our country. Network public opinion on the supervision of judicial is a double-edged sword, and is friendly and critical to justice. On the one hand, the Internet public opinion, responding to respect the public’s right of knowing, to the supervision of the judicial justice, giving priority to the reflection of the trial; on the other hand, with the anonymity, freedom and irrational of the network, and especially with network public opinion makers and communicators, lacking of rational and professional law knowledge, evolved into a mass movement,and a trial by all the people, in the rumors and the violence of network. Anything against public opinion is against god; any trial that is different from "public opinion", is judicial corruption. In a frenzy of Internet public opinion, the judicial independence is facing a dilemma. In order to promote an orderly development of the network supervision, and to maintain a stable social order and legal system construction of the country, and to reconcile the contradiction of network supervision by public opinion and judicial justice, it is very important to realize the harmony and balance of them.In this paper, how to build a benign interactive mechanism as a starting point, expounds the relation between the network public opinion and judicial activities and the status quo of the conflict. At the same time, with a combination of theory and reality, this paper analyzes the reasons of this phenomenon on the surface of concrete, system. Finally, through comparing and comprehensive continental law system and Anglo-American law system countries in dealing with conflict network supervision by public opinion and judicial experience, summed up the for our reference and study experience, through implementing classified management.On the basis of the experience in other country, we put forward through the network media to strengthen self-discipline, to perfect the judicial system, improve the anti-jamming ability and reasonable judicial organ to build the relationship between network supervision by public opinion and judicial way. This enables both to give full play to its intrinsic value, become the weapon of the construction of social democratic rule of law.