The Conflict Between The Network Supervision By Public Opinion And Judicial Independence And Countermeasures

In recent years, with China’s economic development and social transformation, accelerating the process of modernization of national governance capacity, the development of economy and science and technology promotes the media to penetrate in the field of social ability, enhance the intensity of the impact of network public opinion to the society. The relationship between network supervision of public opinion and judicial independence has been the concern of people. On the one hand, the network supervision of public opinion to promote the reform of the judiciary, the invisible force of its independence, mainly reflected in the promotion of the judiciary, to prevent the judicial corruption and establish the authority of the judiciary. On the other hand, there is a conflict between the network supervision of public opinion and judicial independence, for example, the excessive interference of Internet public opinion and the phenomenon of "public opinion trial". At present, our country is in the key period of the construction of the legal state. The deep and extensive network supervision of public opinion and the independence and justice of the judiciary is the meaning of the establishment of democracy and the rule of law. Therefore, it is necessary to deal with the relationship between the network supervision of public opinion and the judicial independence.Internet development in China today, the people’s production and social life has had a huge impact. In this virtual network world, a variety of ideas, voices are likely to form a huge torrent of public opinion through this platform. Public opinion, especially in the public opinion, will play a more and more important role in people’s life in the future, and the judicial reform will be influenced by the network public opinion in the pursuit of independence. This is also the significance of network public opinion supervision and judicial independence.At present, because there is no good measures to solve the conflict between the network supervision of public opinion and the judicial independence, the network of public opinion to the judicial independence has brought a greater impact, in recent years, happened a lot of network hot cases such as "Tian", "Xu Ting case" etc. are due to people’s positive attention and sound out for justice, under the network supervision of public opinion has been reasonable solution, to promote the realization of judicial independence and judicial justice. However, the limitations of the network of public opinion is obvious. The influence of network public opinion supervision on judicial independence. A more helpful to the network of public opinion to the judicial supervision in the contemporary of the rapid development of high-tech, the timeliness of information communication in network environment, anonymity and interactive characteristics and more help in every aspects of into the inside of the judicial system, so as to promote judicial independence. But not deny the network supervision of public opinion and the judicial independence between burst out gradually more obvious conflict, is mainly reflected in the network of public opinion freely, widespread, irrational already destroyed the judicial entity justice and procedure justice. Therefore, it is necessary to properly guide public opinion in the network, comprehensive analysis of its oversight of the advantages and disadvantages of objective formal its defects and study out corresponding solutions, in an effort to make the network public opinion supervision of scientific, rational, standardized, thus for the independence of the judiciary provide effective means of supervision.This paper starts from the network supervision of public opinion and the judicial independence is a testament to the network supervision of public opinion to the judicial case independently generated positive role, also an objective analysis of the current our country network supervision of public opinion adverse effects on the independence of the judiciary, and further expounds the adverse effects by, by the shallow depth, from the outside to the inside, reasoned the analysis and discuss the focus of the contradictions. Through the internal analysis of the contradiction, it is concluded that the network supervision of public opinion and judicial independence are essentially compatible. Public awareness of the relationship between the two is not comprehensive enough, not enough thorough, coupled with the law itself is not perfect, the judicial system of the traditional and backward, a combination of factors, a serious obstacle to the relationship between the two. Therefore, in in-depth analysis on the basis of China’s current basic problems, draw lessons from the successful experience of foreign countries, explore mechanism of balance is suitable for the national conditions of our country socialist specific network supervision of public opinion and the judicial independence is the significance of this paper lies.