On The Conflit And Balance Between Network Public Opinion Supervision And Judicial Independence

With the advancement of the socialist legal system construction and the continuous enhancement of the people's awareness of democracy and the rule of law,judicial justice has become a universal value pursuit.With the wide use of the Internet and the growing power of Internet public opinion,Internet public opinion has become an important way for the masses to supervise the judicial trial.Network public opinion can effectively supervise the judicial trial,prevent judicial injustice and perversion of the law,promote the fairness and fairness of the judicial trial,contribute to the objectivity and fairness of the judicial trial,and improve the judicial credibility.However,Internet public opinion supervision is a "double-edged sword".In the process of Internet public opinion supervision of judicial justice,conflicts with judicial independence are almost inevitable.Due to the imperfection of its system,it is easy to be maliciously used,and the phenomenon of "hype" cases by public opinion occurs frequently,which affects the normal trial of cases.The network public opinion gradually goes beyond the scope of judicial supervision,and the friction and contradiction between the network public opinion and the judicial trial are increasingly prominent.Through the interpretation of these problems,this paper rationally analyzes the positive impact of Internet public opinion on judicial trial,and summarizes the negative impact of irrational Internet public opinion on judicial independence,judicial justice and judicial authority,and the main reasons for these negative effects.This paper starts with the introduction of the related concepts of Internet public opinion supervision and judicial justice,analyzes the collision and conflict between them,and combines with China's national conditions,from the comprehensive improvement of the court's press spokesman system,the establishment of the post trial question answering and explanation system of the presiding judge,the improvement of the responsibility investigation system of the disseminator of false information,the strengthening of the openness of judicial process,and the emphasis on the selection and appointment of the people's jurors Starting from other aspects,this paper analyzes how to rationally absorb,regulate and guide network public opinion in the context of the "Internet plus" era,rationally choose and maintain the balance among two different values and interests,and then achieve a benigninteraction between judiciary and public opinion.