The Impact Of The Public Opinion Of Network On Judicial Justice

The rapid development of online public opinion can be attributed to the progressive development of modern scientific technologies. Along with the dual-demands of increasing requirement of information retrieval and the desire of freedom of speech, the Internet has become a new platform for the discussion of public opinion. The public opinion online supervises the fulfillment of public power in all aspects and is involved in the realm of judicial act. The characteristics of stealthiness, timeliness and the availability of information base in the era of big data lay a solid foundation for online public opinion.This changes the previously limited public expression mechanism,and has helped provide more means for the public to supervise judicial activities. Also, many cases have proven that online public opinion plays an important role in the process of realizing judicial fairness during the supervision of judicial activities. Meanwhile, with the rapid development of online public opinion, great collisions and confrontation have emerged between judiciary and public opinion, which drives the judiciary frequently being confronted and flamed by online public opinions. The orientation of judiciary for public opinion is a complex issue itself and the Internet makes the issue more intensified. Democracy requires the respect and adoption of judiciary while judiciary must ensure the fairness and neutrality of judgment. Therefore, the relationship between public opinion and judicial fairness must be looked into further to find out the causes of the conflict,formulating a feasible theoretical basis to balance this relationship thereafter. The concept of online public opinion must be clarified first before interpreting the relationship between online public opinion and judicial fairness. Only on the basis that the concept and characteristics of online public opinion are clearly defined can the public opinion and public voice be clarified and the cause of conflict generated between online public opinion and judicial judgment be discovered. In fact, the conflict between public opinion and judicial conflicts has been an ever-existing issue in the history. The historical convention and moral restriction which have been deeply rooted in people lead to the public dissatisfaction on judicial judgment, which is argued and discussed heatedly by the public online. Analyzing from jurisprudence, such conflict is caused by the pursuant of substantial justice by the public and the neglect of procedural justice in the judicial activities. At the same time, the online public opinion also represents the rising of awareness of individual rights and the conflict is unavoidable when the individual right supervises on the public right. The due process of judicial activity should be ensured to guarantee the positive interaction between judicial fairness and the online public opinion or the abuse of power will lead to the collapse of fairness. Therefore,only if power is within legal acceptance can the development of fairness be ensured. Following that, the establishment of the mode of negotiation should be firmly based on procedural justice. We should seek for the best balance point between between the two through negotiations to realize the positive interaction between the two and promote the process of democracy and the rule of law.