Study On The Influential Litigation Trial From The Perspective Of Online Public Opinions

As an increasing development of information and communication technology,internet has an unprecedented impact on human's production and daily life.No matter in bustle urban center or sequestered countryside,people can get easy access to information on the internet and express their opinions.Before the information age,judicial trial received little attention from the public with a restricted information available to them.Therefore the major sources for the public to acquire information about judicial trial are from newspapers,information publicity and word of mouth.Such way of delivering messages led to a slow,limited and inconsistent trial information.Even affected by them,the influence of public opinions was relatively little.However as the impending of information age with a boom of media platform and We-Media,the relevant report regarding heated cases will be published on the internet media at once on the basis of the deepening in judicial openness.The wide spread of information on the internet exerted extensive influence on the entire society.Every netizen can express their perspective on the online platform easily.Moreover internet real-name registration was not adopted on the internet.Therefore there in no limitation when the public express their personal opinions on online media platform.Personal perspective and viewpoints in terms of the cases can arouse the public's resonance by give a “like” or forward on the media to create a tremendous pressure.Thus we have to admit that in respect of an influential legal case that attracts great public concern,the influence of online media has already extended to judicial trails.The trial process of influential legal case has completely been paid a close attention by the media.All information released by judicial authority will be shared online immediately.Thus there is possibility of distorting the fact while supervising by the public opinions.Under this background,the influence of public opinions on trial process is expected to be a heated topic in this era that has to be faced by all.How to balance both sectors must be appropriately analyzed from two aspects: theory and practices.Therefore this article took the example of Yu Huan,aiming to conclude the status and the causes of necessity and reality when judicial trials was affected by public opinions as well by observing and analyzing the whole trial process of Yu Huan Case.Through the observation and analysis of the whole trial process of this case,the state of judicial trial under the influence of public opinion field is summarized.According to the time sequence,this paper explores the differences between the results of the first and second trials of Yu Huan case and their influences,and the reasons for the conflict and coupling between the judgment results and public opinions,and then extracts the general rules of the influence of public opinion fields on the influential litigation,namely,the probable causes and the real causes of the influence on the trial.Throughout the whole process of the trial of Yu Huan case,the judicial organs actively corrected the errors and finally adopted a more reasonable way to solve the conflicts in the field,and returned to the dominant position in the tripartite struggle among public opinion,network media and court.This article tries to compare theadvantages and disadvantages of all parties in a horizontal way by digging up such problems and referring to the judicial practice of western developed countries,so as to put forward constructive solutions,maintain the field order while constructing positive legal-civil relations,grasp the open scale of the judicial system and gradually improve the jury system with local characteristics.From judicial point of view,how to respond to this huge impact is reflected in order to maximize the value and benefits brought by online public opinions on the basis of maintaining judicial independence.