| The field theory is the sociological theory of the French sociologist Pierre Bourdieu(Bourdieu),which reveals the macroscopic and microscopic structure and interaction of social life.This paper analyzes the similarities and differences between the two fields of public opinion and trial in the traditional media era and the self-media era under the media field theory from the perspective of field theory.And author believes that unlike the traditional media era,the media has reshaped the public opinion and the trial field.The trial field is not completely closed and independent.In order to avoid the judiciary’s willingness to judge,the supervisory authority is required to supervise,and public opinion supervision is one of them.It is not that all the practice of the trial field is subject to public opinion supervision,nor is it that all speeches in the field of the field involve the trial field,so only the two fields are related to the scope of this article,as if the two circles intersected.However,as far as the judicial trial is concerned,there are many fields covered.This article only explains the interaction between the field of public opinion and the field of trial.Perhaps the public opinion is also affected by other factors,but its output is By means of public opinion,the pressures directly brought about by the above-mentioned political factors and cultural factors are different,and the possible joint effects of other fields are not considered.In the era of traditional media,the media played a role in screening and filtering between public opinion and trial.The field of public opinion and the field of trial were in a relatively balanced state.In the field of public opinion,the people have almost no right to speak,and the judiciary publicizes and disseminates information to the public through the media.In the trial field,the judges are attached to the judicial organs,and the parties can only report to the judicial organs through the higher authorities,and they are almost unable to seek relief from the public opinion field.The two fields are linked by media organizations,and the media organizations are controlled by state organs and become the spokesperson of the country.Thus,in the era of traditional media,the media and the courts,as the main actors,achieved a relative balance in favor of the judiciary rather than the parties through their respective capital and habits.In the self-media era,due to the characteristics of higher speed,wide-ranging,and distorted communication from the media,the field relationship between public opinion and trial has become unbalanced.Based on the field theory,the actors in the field of public opinion have the habit of trying to overthrow the judgment of the judge’s violation of emotion based on subjective emotions;the actors in the trial field have the habit of fair trial based on the principle of judicial independence.At the same time,as a member of the field of public opinion,the judge will also be affected by public opinion.The public also gradually raises the awareness of the law and objectively understands the case.Therefore,in the era of self-media,in order to achieve the harmony between public opinion and trial,we must find the balance between the interaction between the two fields of judgment and trial,prevent the field of public opinion from being improperly involved in the trial field,and make the relationship between public opinion and trial healthy and stable.,operate efficiently.Compared with the traditional media era,China should strengthen the protection of public opinion.That is to say,compared with the traditional media era,the public’s capital should increase enough to confront the judicial organs,but this kind of capital can’t be too strong to harm the judicial organs.It is appropriate to keep the capital of the judicial organs and the capital of public opinion to be equal.It can be solved through two ways.One way is guaranteeing the legal supervision of the trial field in the field of trial,dispersing the capital of the actor through the establishment of the media platform section;establishing a questioning mechanism for the concentration of the actor’s capital in the media;strengthening the self Media regulation.On the other hand,if we want to promote the trial field from the undue influence of public opinion,what we need to do are to improve the legislation of the public opinion protection mechanism of the judges involved and to make more content of the information that the judicial organs should actively disclose. |