| As newspapers, radio, television emerged, the brand new "Internet era" has arrived. The emergence and development of the Internet is gradual. There is a process in which it appears. Today, with its immediate, widespread, and convenient features, the Internet becomes more inseparable with our life. And it rapidly becomes an important carrier of information exchange and dissemination. Because there are no restrictions and no costs on the network information dissemination and exchange, as long as you connect to the network, you can say what thing you like. So finally the forum, blog, micro-blog and we-chat have become the main medium of communication.Traditional media has a way of disseminating information, the public can receive information from reports unilaterally, but there are no corresponding channels and ways for the public to express their views and opinions. With the reform of network technology, the extent of the network of modern society continues to deepen, so micro-blog as the representative of the new media is created. And the formation of public opinion way get more diverse. Advent of the Internet to some extent makes up for the traditional one-way media to disseminate information, and it can also facilitate the public to pay attention to keep abreast of the information and feedback on this information. This also makes that the power of judicial supervision of the network of public opinion become an integral part of the trial court cases outside the system.However, the network as a huge range of information, its internal information is all-inclusive, so it will be more difficult to control public opinion on the network. Public opinion on the network makes moral judgment as its standard to distinguish right from wrong, while judicial adjudication should make a fair judgment on the basis of strict laws. Thus there are some differences between the two in terms of the evaluation criteria of right and wrong. In addition, the overall quality of the public opinion on the network is not high, it is easy to form emotional, extreme and other aspects of speech. As a result, many negative issues will follow, including that many false information and inappropriate public comments attempt to interfere with the judicial practice of courts, which exert enormous pressure on the courts judicial practice. And if the public opinion on the network get over the necessary limitation, it will bound to affect the judiciary independent and impartial administration of justice.Public opinion on the network generated in the network era of rapid development, coupled with the deepening development of the network, it also expands the scope of public opinion, thereby it promotes the social influence of public opinion on the network continue to expand, and it cause deepen impact on the administration of justice. And it causes the heated discussion about the relationship between jurisprudence of judicial independence and public opinion on network. Therefore, it should be noted that the problem is not only to maintain the independence of the judiciary trial, but also not being reflected by public opinion, in order to achieve good social results about the justice in line with supervision of public opinion.During recent years, public opinion on the network is increasingly popular in the field of justice, making its impact on the judicial activity has become a reality. No matter how complex the public opinion on network are, it is undeniable that the mainstream media online still want it to safeguard social fairness and justice as the administration of justice does, and also to meet the people’s need, which will set up a bridge between the public opinion on network and judicial activities. How to resolve the contradictory relationship between online media and judicial activity, and we need to face this problem. Therefore, through the introduction of further legal regulation of online media can effectively solve the contradictions and conflicts between the two. In the premise of ensuring the independent adjudication, we should do research on the influence about public opinion on network giving on the process of adjudication scientifically.Internet becoming more and more popular by the public, as an important platform for the public to comment and supervise the adjudication, it is because of the its superiority of the network, as well as the outlets of traditional media comments blocked. At the same time, it is also through the public opinion on the network to make public pay attention on the trial justice and promote the adjudication to become fair, just, open. and promote the realization of justice through positive interaction with the judicial process of trial. Therefore, in order to achieve the positive interaction between public opinion on the network with the administration of justice, we should seek the causes of the conflict, and ultimately resolve the conflicts between the two sides.Therefore, in the complicated environment of public opinion on the network, in order to achieve the harmonious development between the public opinion on the network which represents the right of free expression of public opinion and the independent adjudication, it is necessary to deal with the tension relationship between public opinion on the network and adjudication. The access of Network era makes that the scope of the impact which the trial brings is no longer limited by the geographic scope. Now China is in a critical period of judicial reform, the judicial system is not perfect, and this requires supervision by the public opinion on the network, and we should get useful advice from the practice in order to achieve the organic unity of the legal and social effects.In this paper, the case of Huang Yang will be as the main line. And for the study, i will analyze the relationship between the public opinion on the network and the judicial independence in order to achieve justice. Then this paper will propose a feasibility countermeasures of study, and hope to make the public opinion on the network play better role on the supervision of the judicial adjudication. The main contents of this paper consists of the following four parts:The first part, an overview of the public opinion on the network, specifically including the concrete meaning, the process of formation and the boundaries, and the comparison with the supervision of traditional media;The second part,it is about the comment and analysis of the public opinion on the network in the case of "Huang Yang".And through the analysis of this case, the part will indicate the differences on the diverse opinions, and then analyze the underlying causes. At last, it will make the conclusion;The third part, there is the analysis of necessary tension relationship between the public opinion on network and judicial adjudication. Through the analysis of the relationship between the two, it will elaborated the positive impact which the public opinion on network gives to the judicial adjudication and the negative impact are also included.The fourth part, from the common pursuit of value of public opinion on the network and the judicial adjudication, it will set the position of the role that the two both play, eventually, it will give the advises on the harmonious development between the two. And the advice will come from different point of view respectively, which include the supervision of public opinion on the network and the judicial adjudication. |
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