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The Study On The Influence Of Network Public Opinion On Justice

Posted on:2021-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:H GuoFull Text:PDF
GTID:2416330629950782Subject:Science of Law
Abstract/Summary:PDF Full Text Request
As network technology constantly develops,it makes citizens able to fully express their speech.Meanwhile,network public opinion also plays an extremely important role in the field of political life.As for the use of supervision power,it also extends to the judicial field.On the one hand,network public opinion can promote judicial democratization,realize the independent exercise of judicial power according to law,and promote the further spread of the concept of the rule of law.On the other hand,it makes the public deal with problem from a single perspective when they receive information due to the characteristics of the network and the way of communication,which is easy to form the tendency of public opinion,thus interfering with judicial trial and dispelling judicial authority.In this paper,it will explore how to fully publicize the positive impact of network public opinion on justice,and reduce the negative impact to the lowest level at the same time,so as to achieve the positive interaction to the largest extent.In the first part,it introduces the theory of network public opinion and justice,which expounds the definition,characteristics and dissemination methods of network public opinion.Besides,it analyzes the characteristics and values of justice,which focuses on the analysis of the active and passive gender of justice as well as the value of justice.In the second part,it discusses the duality of the influence of network public opinion on justice.As for the positive influence,it lies in promoting the judicial democratization and realize the execution of judicial power according to law.While the negative effect is that the network public opinion will have a bad impact on the trial neutrality once the irrational gate is opened,since the improper speech will hurt the image of the judge and dispel the judicial authority.In the third part,it explores the internal principle of the influence of network public opinion on justice.On the basis of the perspective of value orientation and power restriction,it analyzes why network public opinion can generate a positive impact on justice.In addition,it starts from the network level and the judicial field to specifically explore the causes of the negative impact,so as to find the balance point between the two and lay the foundation for resolving the risks brought by the network public opinion.In the fourth part,it analyzes the relevant system practice in foreign countries,which mainly introduces the mode of strict restriction on network public opinion adopted by South Korea and Britain,as well as the mode to strengthen judicial self-restraint adopted by Germany and the United States.Through the comparison of the application effect of the two modes,it can provide reference for our country to realize the balance between the network public opinion and the judicial system.In the fifth part,it expounds the countermeasures and suggestions to resolve the judicial risk brought by network public opinion.First of all,it puts forward the overall idea of taking the interests balance as the principle,the judicial construction as the leading,as well as the combination of dredging,blocking and supplementing at multiple levels as the plan.Secondly,it should build a good network public opinion ecology with the participation of the state,media and citizens.Thirdly,it proposes some some suggestions on improving the current judicial system,so as to improve the judicial credibility and eliminate the trust crisis.Finally,it is necessary to build a good development relationship by judicial publicity and public opinion guidance.
Keywords/Search Tags:network public opinion, substantial justice, principle of interest balance, judicial publicity
PDF Full Text Request
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