Research On The Complex Aspects Of Current Chinese Litigation-related Online Public Opinion And Its Coping Mechanism

The rapid development of Internet technology has created a space for the public to realize freedom of speech,but with the expression and collision of multiple views,there are also the intensification and catharsis of extreme emotions.Catharsis of negative emotions in cyberspace has become the way for most Internet users to release the pressure from real life.At the same time,as an important form of social supervision,network public opinion plays an important role in protecting the basic rights of our citizens and promoting judicial openness and justice.However,a series of negative effects brought by the irrational factors of Internet public opinion can not be ignored.The emotional driven netizens gather to discuss hot cases,and the resulting public opinion is easily manipulated,which is an unstable factor for the judicial system and even the whole society.So,how to deal with such a complex face of network public opinion,so that it can achieve a good interaction with the judiciary is an important issue we have to face.The first is about the complex aspects of network public opinion involved in litigation.Chinese and foreign scholars have basically reached a consensus on the definition of public opinion.On this basis,online public opinion involving litigation can be understood as a collection of public opinions on a judicial case in cyberspace.However,the network technology makes the network decentralized,the social structure is undergoing great changes,and the individual psychology falls into trust anxiety.These three factors lead to the "post truth" phenomenon of network public opinion.This feature is mainly reflected in the following aspects:the object of public opinion has changed from an objective and fixed fact to a mobile text that can be written by the public;the noumenon of public opinion,that is,the public opinion is extreme and fragmented because of the alienation of trust and consensus,and the subject of public opinion has changed from a spiritual community to an emotional community.On the one hand,Internet public opinion protects the right to know and freedom of speech of Chinese citizens,promotes the openness and transparency of China's judiciary,and also promotes judicial justice;on the other hand,Internet public opinion is easy to be guided and used,which affects the independent adjudication of judicial organs and damages judicial credibility.Therefore,it is necessary and difficult to guide the benign operation of network public opinion,and a comprehensive and detailed understanding of network public opinion can provide guidance and theoretical basis for the judicial response.Then it summarizes and evaluates the response mechanism of network public opinion in practice.At the legal system level,in order to make the media give full play to its communication function and better guide the network public opinion,China adopts the principle of combining the maintenance of public power and the protection of private rights and interests to carry out the media regulation legislation.In the specific response level,through combing the relevant practices of judicial response to network public opinion,there are three ways to form a certain scale in practice: holding a news briefing,soliciting trial opinions,and implementing the people's jury system.After the analysis of the relevant response mechanism,it is found that the response of the judiciary to public opinion is usually not timely enough,the content of the response does not involve the center of public opinion,and the accountability mechanism of the network public opinion is also lack of practical operation standards,which lead to the poor response effect of the judiciary to the network public opinion involving litigation.On the basis of a certain understanding of the current situation of China's response to network public opinion,combined with the complex features of the current litigation related network public opinion,this paper puts forward relevant suggestions for the judicial response to public opinion.The last part is the research on the improvement of the response mechanism of network public opinion.The first is to strengthen the legislation of network public opinion guidance,to curb the spread of untrue information in cyberspace by strengthening the responsibility of network platform operators,and to improve the punishment rules for network rumors;the second is to build a diversified public opinion response mechanism,to improve the judicial democratic participation mechanism by removing the elitism of people's jurors and reducing their tenure,and to balance the division of justice The third aspect is to fully implement the safeguard measures of the rule of law,including actively cultivating the people's thinking of the rule of law,media literacy and improving the news spokesman system,so as to escort the judicial response to the network public opinion.