Research On The Path Of Enhancing Judicial Credibility Under The New Media Environment

Our country is in the period of social transformation,social contradictions are intensifying,and social credit is being severely tested.In the judicial field,the contradiction between the high expectation of the public and the failure of the judiciary itself to meet the expectation of the public for various reasons leads to the decline of the judicial credibility.The rapid development of new media has made public opinion different from that of traditional media era.However,while the rationality of justice itself has not yet been fully resolved,the contradiction between justice and public opinion has become more serious in the new media era.In addition,the mechanism of favourable interaction between justice and the public has not yet been constructed,and the judicial authorities are tired of coping with it,avoiding it or following it blindly.Judicial credibility has ushered in new challenges.It is an important issue in the process of rule of law to solve the problem of improving the credibility of justice.Habermas'public sphere theory,communication action theory and legal negotiation theory emphasize inter-subjectivity and communication rationality from the perspective of negotiation and communication.They are of great theoretical reference value in resolving the rationality of justice and building a good communication between justice and the public.Appropriate application can provide theoretical support and path for the improvement of judicial credibility in China.It is of both theoretical and practical significance to study the issue of "the path to enhance judicial credibility under the new media environment".Firstly,studying the path of improving judicial credibility in the new media environment is conducive to solving the problem of judicial reasonableness and improving the acceptability of judgments,so as to achieve the goal of thoroughly resolving disputes and maintaining social order.Secondly,With the help of new media,the public sphere has become more active.This has led to a more serious contradiction between public opinion and the judiciary.There fore,to make the public sphere more rational and to build a good public sphere order is a good way to solve the contradiction between justice and public opinion.Thirdly,the new media has the characteristics of wide dissemination,strong influence and high interaction.It is not only a powerful tool for citizens to exercise their supervisory power and right to know,but also a powerful tool for judicial authority to improve their image and win public trust if properly used.Finally,Habermas'judicial view based on communication rationality is of great significance for the public and judicial authority to establish a sound communication based on rationality,warning the public authorities to treat public opinion reasonably and tolerate non-malicious negative speech.This article uses the methods of literature analysis,semantic analysis and case analysis to discuss in detail from four parts.The first part mainly introduces the concept of judicial credibility and on this basis compares the concept of judicial rationality of Habermas.On the basis of exploring the relationship between the two,it demonstrates that Haberma'judicial concept can solve the problem of judicial credibility under the new media environment in China.The second part mainly introduces the current situation and reasons of judicial credibility in China under the new media environment,focusing on the positive and negative impacts of the new media environment on judicial credibility in China;the third part mainly elaborates Habermas' theory of public sphere,communication action theory and legal negotiation theory as the rationale to enhance judicial credibility.The fourth part is the important chapters of this article,mainly introducing the significance of Habermas'judicial theory to the improvement of judicial credibility in our country and specific path exploration,including:moderately guiding the network public sphere,building a reasonable order in the network public sphere;using judicial rationality as the basis to solve the problem of judicial credibility;and using communication action to resolve the public opinion crisis faced by judicial authorities;perfecting the statement system of litigants in civil suit,improving the status of litigants in litigation strengthening the reasoning of judicial documents,improving the credibility of the judgment.