On The Response Mechanism Of The Conflict Between The Supervision Of Public Opinion And The Fairness Of Criminal Trials

With the rapid development of new media represented by the Internet,the virtual world has an increasing impact upon the real society.Either the judicial,executive or judicial personnel's behavior will spread widely and rapidly on the Internet.On the other hand,due to the interests involved in the criminal case tend to closely associated with the property rights and life rights of the public,as well as there are more serious characteristics compared with the civil case,the relationship between network supervision and justice of criminal trial is more critical than those linked to the civil and administrative litigations.Of course,Internet users have the lawful right to participate in criminal trial and supervise the processes of criminal trial;the courts accept the network supervision of the public opinion is meaningful to reduce judicial corruption,promote the rule of law consciousness to the public and strengthen the judicial authority.However,public opinion on the Internet is perceptual,which is on behalf of the people in moral consciousness and thus it is inevitable to cause some conflicts to the criminal trial produces which are rational and presents the faith of legal profession.How to alleviate this conflict is of significant importance of realizing the application of network supervision and promoting the progress of the justice of criminal trial.The emphasis of this paper is to analyze the conflict between network supervision of public opinion and the criminal trial causes,and in reference to deal with the experiences of foreign developed countries under the rule of law based on,put forward some possible ways what mainly about legislation to ease the conflict and strengthen the positive interaction between network supervision of public opinion and the criminal trial.This paper is divided into three parts.The first part is an overview of the network supervision of public opinion and the justice of criminal trial,include the overview of the network of public opinion,the overview of the justice of criminal trial,and the overview of the dialectical relationship between the two.The second part is the theoretical analysis of the conflict between the network of public opinion and justice of criminal trail theory.This part of the discussion is divided into three aspects:first is to analyze the expression of the negative effects on the justice of criminal trial caused by abusive supervision behaviors;second is analysis of the reasons of conflict between the two;third is advocated that we should think about the meaning of the conflict between the two in the positive way.Because the conflict between the network of public opinion and the justice of criminal trial is not only happened in our country,all countries will face this problem under the rule of law in the process of the development.We should summary the positive effects the conflict between the two in order to treating the conflict objectively.Only in this way can we better cope with the conflict and seek effective measures to strengthen the positive interaction between the network supervision of public opinion and the criminal trial.The third part of the content is in reference to the developed countries of the rule of law is based on the system and practice of the proposed some to establish and improve the legislation of the network supervision of public opinion as the center of the strengthen measures of positive interaction between network supervision of public opinion and the criminal trial.Except for foreign developed countries under the rule of law both system and practice of the exposition,coping mechanisms proposed is from two different angles both the supervision by public opinion,the people's court trial:not only to the network supervision of public opinion into the track of legal system and also the need to improve the interaction ability of the court and the network media.