An Analysis On The Conflicts And Coordination Of Internet Public Opinion And The Criminal Justice

The relationship between public opinion and judicial justice is not a new topic.However, emerging of internet presents a new connotation to it. The rapiddevelopment of media makes it very necessary to study the topic, especially in currentChina. The public can’t understand all the news happened due to the limitation oftime and their location, this situation produce the media, which change the form ofpublic opinion. In modern society, news from judicial practice become the focus thepublic will pay attention to the situation of concurrence of public opinion and judicialjustice arise.In the real operation, public opinion and judicial justice are often in conflict.Since the founding of the PRC, this country’s political democracy has been leaptforward, due to people’s continuous efforts generation after generation. Judicialjustice and public opinion are constantly advancing, and public opinion promotes theprogress of judicial activities. The coming of the new media age has seen that internetpublic opinion promotes and conflicts the judicial justice at the same time, which isparticularly evident in the criminal justice field. Thus, the internet trial and publicsentencing often let justice run into a dilemma. China has built a socialist legalsystem, but its full realization in the judicial aspects, remains to be seen. The extent ofjudicial impartiality and the true level of the rule of law demonstrate how thelegitimate benefits of citizens can be truly implemented.Internet public opinion is still an emerging phenomenon, which needs furtherunderstanding by study. This thesis takes the form of empirical analysis from theaspect of internet public opinion and the actual operation of the criminal justice toshow the existing state of conflict. Then a theoretical analysis will be followed. Meanwhile, the thesis argues that the conflict in all major countries is worth studying.So it is necessary to pay attention to foreign examples. Finally, this thesis attempts topropose measures to coordinate this conflict to make sure that internet public opinionserve the criminal justice better.This thesis is divided into four parts:The first part analyses the status quo of internet public opinion and criminaljustice Firstly, this part selected10typical cases from the fifty most important casesfrom the past five years selected by public opinion to understand the characteristics ofthose cases. Furthermore, it can explore the causes of public opinion to find out thekey to the establishment of a long-term reasonable public opinion coping mechanism.Secondly, this part focuses on surveys concerning public opinion’s interaction withthe judicial justice, and the objectives of surveys include the staff of the judiciary, themedia industry professionals, and internet users. In addition, this part pays attentionto microblogs from judicial authorities and internet public opinion pertinent to thoseauthorities to make an empirical analysis.The second part focuses on the conflict between criminal justice and the internetpublic opinion. Firstly, this part analyses the characteristics of the internet publicopinion concerning criminal cases in detail. Secondly, the positive and negativeeffects of the internet public opinion on criminal justice and the causes of the conflictbetween them are analyzed. Based on the above analysis, this thesis argues that theinternet is equivalent to an energy field which amplifies the force of public opinion totense the relationship between them. This is particularly evident in some typicalcases.The third part analyses relationships between public opinion and judicial justiceboth in theory and practice from a comparative study of Common Law and Civil Lawaspects. This part selects the United States, Britain and other countries related to the typical situation, with relevant international conventions taken into account, in orderto draw the appropriate lessons.The fourth part is aimed to providing a viable strategy. The starting point is tostraighten out the measures of justice and public relations. Measures that balance theinternet public opinion and the criminal justice include these ways. Firstly,relationship between them should be standardized before conflicts. Secondly,consultation should serve as important solution ideas after conflicts.