The Balance Function And Influence Path Of Network Public Opinion On Judicial Trial

Internet public opinion and judicial justice are two core areas of heated discussion in contemporary society.Judicial trial is a kind of judgment power,which means that the judge makes a fair judgment according to his own understanding of the law without interference.Network public opinion is the sum of spiritual beliefs,attitudes,emotions and value opinions expressed by the public for a certain social reality.Judicial power pursues fairness and justice under the legal framework;Network public opinion tends to be reasonable and reasonable in moral logic.The value goal of both is to ensure the sustainable development and stability of society.On the one hand,the proper exercise of any public decision-making power is inseparable from a certain external supervision mechanism,and the supervision of public opinion has positive value in the process of judicial operation.In recent years,the judicial cases that have caused great controversy in the society are gradually and clearly displayed in front of the world with the participation of all people.The righteous judicial results of the "Yu Huan intentional injury case" in Liaocheng,Shandong Province,"Yu Hailong case" in Kunshan,Jiangsu Province and "Zhao Yu case" in Fuzhou,Fujian Province are realized due to the intervention of network public opinion.It can be said that good network public opinion is conducive to the identification of the facts of the case,and has contributed to the emergence of a fair and just outcome to a certain extent.On the other hand,moral conscience is not equal to judicial justice.Improper control of the surging public will may interfere with procedural judicial activities,and network public opinion may evolve into a public opinion crisis.The participation of network activities in judicial results does not necessarily mean that network supervision can form democratic supervision.The universal morality of network public opinion impacts the judicial professionalism,the irrational network public opinion affects the judicial independence,and the excessive participation of public opinion is not conducive to the formation of judicial authority.Therefore,when the public revels for the victory of public opinion,we should also be vigilant against the impact of public will on judicial activities.The essence of the relationship between public opinion information and judicial exclusive right is the relationship between public will and legal will.The public will conveyed by the Internet information platform is to carry out moral supervision on the legal activities of state organs based on moral habits,so as to achieve the goal of fairness and justice expected by its heart;The legal will is to pursue social justice in the sense of law through the justice of judicial staff based on facts and taking the law as the criterion.Although the content of public opinion and judicial content are often consistent in value objectives,they also have conceptual conflicts due to their own internal characteristics.In essence,the reasons for the conflict are the natural conflict between freedom of speech and judicial independence,the irreconcilable social and legal effects,the difficulty of giving consideration to procedural justice and substantive justice,and the thinking collision between professional rationality and public rationality.For this reason,in the era of building a country ruled by law in an all-round way and a new round of judicial reform,we should explore the function and influence of network public opinion on judicial trial,find the state of harmonious coexistence between the two from the perspectives of media,citizens and justice,and institutionalize this state.Under the existing institutional norms,guide the media to carry out standardized reporting,advocate rational follow-up,improve the professional level of judicial activities,and treat network public opinion rationally,so as to establish a benign interaction mechanism between the two.