| As a kind of social behavior,public opinion supervision does not come into being out of nothing.In the ninth volume of Huainanzi,the master’s technical training,it was said: "Yao set up the drum that dared to remonstrate,Shun set up the wood that was slandered,Tang had the person who was in charge of direct affairs,and the king of Wu set up the law of caution.".It can be seen that since the time of Yao and Shun,the supervision of public opinion has become an important form of emperor’s listening and receiving advice.With the continuous change of the times,the form of supervision by public opinion has been constantly changing due to the different carriers.Until the17 th century when the British called the press "the fourth level" and journalists "the king without crown",the supervision by public opinion by the media has become an inevitable political force under the constitutional system.In 2018,since the media man "animal Lord" exposed the nationwide "Changchun Changsheng vaccine case" with a "king of vaccines",leading to the follow-up reports of traditional authoritative news media such as "people’s Daily","Xinhua News Agency","Beijing News",and even more than "Sanlu milk powder case",netizens,media tycoons and industry authorities swept the network,but there are different opinions Yes,this time it is from the media standing in front,shouldering the banner of media supervision.It is this kind of self-media,which relies on its own inherent advantages of populism and low threshold,which gradually enters into the public vision and attracts the attention of the government by reporting the "Wei Zexi incident" in 2016,the "Li Wenxing boss direct employment incident" in 2017 and other fresh and shocking cases.At the end of 2018,the self-media "Dr.lilac" directly attacked the domestic health care product chaos in the direct selling industry with a piece of "ten billion health care Empire,and the Chinese family under its shadow",which indirectly led to the collapse of the pyramid selling empire that had been hidden for many years,and made the right of public opinion supervision enter the "self-media era".Through the research and practical analysis of the hot events in recent years,it can be seen that how to exercise the right of supervision by public opinion legally,whether there is conflict with the judicial power in the process of exercising the right of supervision by public opinion,whether it will infringe the personality right of others indirectly or directly,and how to ensure that the right of supervision by public opinion can be exercised legally in the era of self-media The most urgent problems to be solved.In this paper,the author uses interdisciplinary cross research method,comparative research method,legal interpretation and case analysis method,based on legal knowledge,combined with Journalism and other disciplines to summarize and analyze the hot events in recent years,and concludes that the correct exercise of the right of public opinion supervision in the era of self-Media is conducive to administrative and judicial reform and security The experience and Enlightenment of citizens’ basic rights such as the right to know and the right to supervise.Further,on the basis of experience and enlightenment,we find problems and find solutions.It is concluded that the existing legal system should be modified and improved in order to balance and solve the conflict between the exercise of the right of public opinion supervision and the independence of trial.The corresponding supporting guarantee system should be set up to remove the restrictions on the exercise of the right of public opinion supervision caused by traditional "mystification" thought and other factors,so as to guarantee the exercise of the right.Finally,in order to ensure the correct and legal exercise of the right of public opinion supervision in the era of self-media,we need to promote the internal transformation of public opinion supervision in the public mind,improve the supporting system for the exercise of the right of public opinion supervision,and improve the existing industry self-discipline organizations to balance and coordinate the public’s exercise of the right of public opinion supervision,infringement and trial independence in the era of self-media In order to fully protect the legitimate exercise of this right by the public and to solve the contradictions arising from the exercise of this right to the maximum extent. |