The Influence Of Network Public Opinion To Judicial Judgement

In the era of rapid economic development of big data,people through the network to participate in social hot spot case is on the rise,the network public opinion the word into people’s horizons.Network public opinion refers to the network public sphere,the public through the network to a social event or judicial case’s occurrence,development and change,to express their.thoughts and ideas,for communication and interaction between each other,influence,is a form of social consensus.Continuous development of network public opinion,today already developed to have the influence character by environment impact on judicial adjudication,causing reflections on the relationship between public opinion and judicial network.At present,more and more people through the network to express their views on some hot cases and attitude,the Internet is beginning to show its amazing power of public opinion in China.This paper consists of seven chapters.First chapter is the introduction section, it shows that this writing motivation, named this article topics and research significance.The second chapter expounds the concept of network public opinion and the characteristics of network public opinion can influence the judicial. First network subject of anonymity and spontaneity is the biggest characteristic of its expression is different from other, behind the media network discourse and excess and true, in real life can’t say the truth in the network can talk, but those who have two-sided, large pools of Internet rumors are inevitable. Second, to participate in the characteristics of the main body of the universality and not all of the cases will be rushed to the forefront of public opinion, in cases of network public opinion has its own special "break in". Again, the network public opinion is influential, mainly due to the network characteristics of the speed of fast speed and strong conformity.The third chapter in this paper, the network public opinion influence the cause of justice and social conditions. Everything happens has its reasons and external environment condition, network public opinion and also without exception. Combined with the network public opinion has become the important way to express public opinion, so treat network public opinion must be prudent. The current social environment also create conditions for network public opinion influence the judicial trial. Social gap between rich and poor widening, the contradictions of social each stratums, and to the public in case the parties as to the identity of the involved too much attention to, have a bit inadvertent, will cause the wave of public opinion. Public opinion has the largest number of onlookers, virtually put huge pressure on the judicial organs, the media’s improper intervention behavior will stimulate the development of network public opinion to, lead to public opinion in the perceptual moral ideas, lack of objective rationality, causes the sensibility of network public opinion and judicial rationality between the game. Network public opinion can influence the judicial trial, because the judicial referee not only pay attention to the legal effect, and attaches great importance to the social effect, justice for the people after all. The fourth chapter mainly discusses the positive aspects of network public opinion influence the judicial judgment. Including the network public opinion can help anti-corruption, reduce the possibility of manipulation. Help judicial openness, democratization, reduce the distance of justice and public opinion, at the same time stimulate the civil consciousness of the public and promote the further development of judicial democratization. Under the supervision of network public opinion, supervise and urge the judicial organs to timely and accurate judgment and self-discipline, is conducive to the right remedy of the parties, make people in every judicial cases could feel fairness and justice. Through judicial referee to realize fairness and justice, also can alleviate the contradiction of the society, make the network public opinion in less personal spite, more rational, social harmony. Fifth chapter elaborated the network public opinion on the negative effects of justice. Mainly reflected in two parts, five aspects:first, the network public opinion excessive intervention to weaken the judicial independence. Second, the public opinion led to frequent damage of judicial authority and credibility. Third, the network public opinion in the irrational personal spite after induction also form the public outrage and incompatible with the judicial rational judgment. Fourth, a large number of water army blend in the network, make the real public opinion cannot convey. Fifth, the network public opinion affect the judge’s independent rational judgment, not taken, the judgement has caused bad deformed social phenomenon of the crisis, social moral landslide due to wait for a phenomenon.The sixth chapter mainly aims at perfecting the network public opinion to promote judicial justice have put forward countermeasures and Suggestions. Firstly, draw lessons from foreign effective regulation of network public opinion, such as the American jury system, the contempt of court, network real-name system in Japan, Australia Internet compulsory filtering, etc. Secondly, we need to improve their own network public opinion in China laws and regulations, such as a network of rapid response mechanism, establish a mechanism to block the negative impact of network public opinion to the judicial network inappropriate comments criminal responsibility shall be borne by the relevant laws, improve the system of people’s assessors, etc.The present is an era of communication, law-related network public opinion, the judicial organs the first thing to do is not "under siege", but to communicate. Respect, and the choice of rational network public opinion, in the court’s decision reason as the response of the network public opinion and persuasive, can make the public opinion and judicial formed the benign interaction. Finally, through the promotion of judicial organs to enhance the judicial authority and credibility of the country. Internal introspection and reflection, adhere to the procedure and entity justice, the justice in the way people see, citizens regain faith in law.