The Influence Of Network Public Opinion On Judicial Trial And Its Legal Regulation

The development of the Internet makes the network become a gathering place for citizens to exercise their voice,and the network public opinion has deeply influenced the development of society.On the one hand,because the network has the characteristics of anonymity,interactivity and so on,citizens can freely express their views on the network;On the other hand,the network has the defect of fragmented mode of communication,which causes the public to look at the problem only in isolation when receiving the information,and is easy to form a tendentious network public opinion.The rapid development of network public opinion has affected the judicial trial process,"YuHuan Case" "Yaojiaxin Case" "Deng Yujiao Case" in the network caused by the great response has proved that the influence of network public opinion on the judicial trial has formed a mainstream trend,showing its great influence.This article mainly from the network public opinion and the judicial trial definition to an alyze the relationship between the two,and then through the case to elicit the existing problems,and further put forward the solution.The case selection is the focus of the case in the network "YuHuan Case" and Yaojiaxin Case",the case analysis,further explore the impact of network public opinion on the judicial trial and its way of controlling the direction of judicial trial.Combining theory and case,it fully confirms the viewpoint of this paper,that is,the network public opinion will bring negative influence to the judicial trial while safeguarding the judicial trial justice and independence.On this basis,the corresponding countermeasures are put forward to provide theoretical help for the solution of this problem in real life.In addition to the introduction,this paper is divided into four parts.The first part,first introduces the basic theory of network public opinion and judicial trial,including the concept of network public opinion and the mode of communication and development,the concept,core content and principles of judicial trial,and also introduces the relationship between the two,in order to clearly express the main points of view to be displayed in the article from the beginning.The second part,starting from the two cases of "Yu Huan Case" and "Yaojiaxin Case",an alyzes the positive and negative effects of the powerful influence of network public opinion on the judicial trial from the continuous fermentation of these two cases on the network.Thus,it is concluded that the network public opinion can promote the democratization of justice,guarantee the fairness of justice and the dissemination of the concept of the rule of law and other positive effects,at the same time,the network public opinion will also have the negative influence of violating the independence of the judiciary,influencing judicial justice and damaging the image.The third part analyzes the causes of the negative influence of network public opinion on judicial trial.From the point of view of the two,this part analyzes the defects of its own existence and analyzes the causes.It is concluded that the network public opinion itself lacks the legal regulation,the network subject legal consciousness is weak,the media improper intervention and so on.At the same time,it is concluded that judicial corruption is serious in the course of judicial trial,the lack of professional accomplishment of judicial personnel and the weakening of res judicata are also the reasons.Finally,it also analyzes the relationship between network public opinion and judicial trial,and pointed at.It is because of the non-disclosure of judicial trial,the lack of full play of the system of the jurors and the lack of an effective response mechanism of the courts,which prevents friendly interaction between public opinion and trial and affects the judicial process.Part ?,according to the above problems put forward the corresponding solutions.From the point of view of network public opinion,we should establish network supervision mechanism to control the spread of false information in the network,so as to reduce the negative impact;from the perspective of judicial trial,we should improve the relevant laws to guarantee the independence of the judiciary and strengthen the elitist construction of the judicial team Finally,by perfecting the mechanism of trial disclosure,giving full play to the role of the jurors and establishing the effective response mechanism of the court,we should build a bridge for the two and promote its benign interaction.