Research On The Positive Interaction Mechanism Of Popular Will And Justice In The We Media Time

With the commonly used applications and development of "We Media", public opinion propagation appears new features, which make deep influence on the interaction of public opinion and justice. In the present era, popular will collides with justice decision at times, creating commonly social attention and discussion. In this condition, We media becomes assistor for approval of popular will and justice decision on the one hand, on the other hand We media may create hidden trouble. So the response to the problem from justice is the key point, which is related with judicial authority and impacts the public trust and approval to the justice and even the stabilization and harmony of the entire society. This essay is based on the Chinese juridical practice and 90 influential litigations from 2005 to 2013 using several research methods, such as Judicial statistic analysis, Case analysis, Institutional analysis. The purpose is to summarize the relationship of public will and justice in the new times and find out the problems in the response to the popular will from the Chinese judicial adjudication, making suggestions for our country’s judicial system construction.This new technology makes everyone become the transmitter and producer of comments. This mode of transmission emphasizes diversification, plebification and individualism, of which group effect is very obvious. We media satisfies Chinese people’s free speech right claims, therefore it develops so fast that changes people’s life and ways of thinking. However, We media is a double-edged sword, appearing that it can make public participate in the social topic for discussion as free as possible, but it may magnify the emotionality of popular will. In the recent years, some influential litigations have already shows conflicts and contradictions between popular will and justice, which should be paid attention to.Second part choose 90 influential litigations from "Ten influential action" cases from 2005 year to 2013 year held by "Southern Weekly" as samples for judicial statistics analysis. The data shows the relationship between the popular will and justice in the We media time. On the one hand, public use We media to strengthen power supervision more widely and quickly, which contributes to increase judicial efficiency. Especially concerning with the public power cases, public always pays more attention and are more willing to safeguard their rights. On the other hand, it occurs more obvious public trials. Public opinion on the administration of justice have the effect of the change with the times from the previous small-scale affected the expansion of the country. The rumors and slanders appears like a flood that reduces the public’s reasonable evaluation of the justice.In the third section, the thesis shares more thinking on the justice system of our nation, especially the inquiry raised by the popular will. The problems are mainly concerning as the following. The reformation of justice system lags behind the expectation of citizens. The asymmetry of the information brings about the misunderstanding and suspicion by our citizens, as the Justice lacks of publication system. The judges are under great pressure from public opinion because they are lack of professionalism and the protection system of them is imperfect. The reason why judicial decision collides with popular will seriously at this stage should be analyzed from two perspectives. The internal cause is judicial dependence on the executive power and local power. And the external cause is the new social political and economic environment. Various interest demands couldn’t be satisfied, and this dissatisfaction spread so quickly and widely in virtue of We media. In this way, unreasonable postmodernism reappears.At the last part, this thesis offers suggestions to establish interactive mechanism of popular will and justice in the We media times. It should seek both temporary and permanent solutions as followings. Firstly, continue to deepen judicial system reformation and enlarge the scope of judicial publicity. Procedure is important to form public approval. Secondly, build public opinion respond system to enhance court’s ability of handing urgency public sentiment cases and strengthen the reasonable supervision and guidance on the public opinion in the internet field. Thirdly, improve citizen’s legal quality and rational judgment ability. Especially in the We media times, the citizen’s sense of social responsibility is particularly important.