Research On Countermeasures Of Judicial Organs To Deal With Network Public Opinion

In the one-way communication of traditional media, people can only be regarded as the recipients of public opinion, instead of expressing their views and opinions as the participants of public opinion. Due to the popularity and development of the Internet, people can get and deliver information, and express their views and opinions at all times and places, so that the Internet has quickly gained popularity, and network public opinion has been rapidly developed. At present, it has already become the new normal of social development that people can express their opinions through the network. Moreover, the society has entered a new era of public opinion, a variety of social conflicts have broken out frequently in the network platform, and network public opinion has become a new channel for the public to express their judicial opinions and a new way for them to participate in the judicial process.Since over 30 years of China's reform and opening up in China, the social contradictions and interest conflicts have extended all over the fields and steps of economic and social development, leading to network public opinion with a wide range and high frequency. The judgments and judicial process of judicial organs may become the focus of network public opinion at any time, and they can spread very rapidly through the network, exerting a great impact on judicial activities. That has brought new opportunities and challenges to the work of judicial organs, and raised a higher requirement on their crisis management capability. How to effectively deal with the crisis of network public opinion has become one of the problems to be solved by judicial organs.This paper illuminates the relevant concepts of network public opinion, analyzes the main body, generation and diffusion of network public opinion, and summarizes its characteristics, including the instant and unexpected generation, the interactive, diffused and multiplex propagation, the negative and irrational content, the moral mainstream view, the controllable trend, and the untamed regulation, so as to provide a basis for the countermeasure research on network public opinion.The development of network public opinion has experienced three stages, taking shape, maintaining its development, and being prosperous. With its continuous development, network public opinion exerts an increasingly prominent effect on judicial activities, and judicial organs pays more and more attention to network public opinion is growing, and then the management regulation for public opinion is gradually improved, but there are still many deficiencies in general.From the perspective of jurisprudence, the public, who get into the judicial procedures and affect justice through network public opinion, are essentially in pursuit of judicial democracy, judicial justice and judicial supervision, which embodies participatory democracy in the Internet era. Network public opinion gets involved in the field of justice, which is caused by citizens' exercise of popular sovereignty, freedom of speech and the right to know. The value of the rule of law is reflected in:first, promoting judicial justice; secondly, improving judicial efficiency. More specifically, network public opinion can supervise judicature, promote correcting judicial injustice, and improve judicial organs'handling speed, initiative and quality.In view of the actual situation in recent years, network public opinion has had a positive effect as well as a negative one upon judicial activities. On the one hand, network public opinion can not only provide clues and resources for judicial activities, and urge judicial personnel to improve their self-discipline consciousness, which is conducive to avoiding power intervention on judicature, but also provide an information disclosure platform for judicial organs, which is conducive to the promotion of judicial openness. But on the other hand, the tendency of public opinion can interfere with judicial trial, and it can easily become a tool to interfere with the administration of justice and to damage judicial authority. The reason for the conflict between network public opinion and judicial activities lies in the differences of value orientation and the demand for procedure between them. In most of the judicial organs, judicial openness becomes a mere formality, and they have no experience and technique in dealing with public opinion and can not guide public opinion in an active and effective way. In addition, the cumulative effect of judicial trust crisis is also an important reason for the frequency of judicial public opinion crisis. These reasons are caused by not only public opinion itself, but also the society and judicial practice. It is of great significance for judicial practice to have a correct understanding of the impact of network public opinion on judicial activities, to deal with the impact correctly and to minimize the negative impact as much as possible.Combined with the characteristics of network public opinion, the paper starts with minimizing the negative influence of network public opinion on judicial activities and giving full play to the positive energy of network public opinion, and discusses the principles, which the judicial organs of China have to follow while dealing with network public opinion, including judicial openness, judicial independence, the protection of citizens' freedom of expression and the balance between social effect and legal effect. What's more, this paper puts forward that judicial organs should have a complete organization structure, and strengthen the research on public opinion; improve legal mechanism, and standardize the management of public opinion;strengthen the establishment of platform, and promote judicial openness; take the initiative to set agenda up, and guide the trends of public opinion; balance procedure and timeliness, and prevent adverse public opinion from occupying the dominant position; make use of the power, and safeguard judicial justice and independence; solve offline problems, and prevent the crisis of public opinion from source. From the perspective of judicial organs, this paper systematically analyzes the countermeasures to deal with network public opinion.