自媒体舆论对司法公正影响研究

发布时间：2018-07-21 15:26

【摘要】：互联网技术的飞速发展使得自媒体被普遍应用和推广,迅速发展成为信息传播的主要力量。以微博为代表的自媒体在传播主体、传播途径和传播方式上都不同于传统媒体,它的发展打破了传统媒体对话语权的垄断,使得普通民众获得了一个自由报道各类事件、发表各种评论的空间,并且迅速占领了大量的舆论阵地。自媒体舆论逐渐成为监督司法审判的不可忽视的有利力量,其在与司法活动的互动过程中,发挥着对司法公正不容忽视的重要作用。然而,任何事物都具有两面性,都具有优缺点,自媒体舆论也不例外。自媒体舆论不仅是一把双刃剑,也是一股难以驾驭和控制的力量。自媒体舆论对司法案件的关注与热议,既可能成为促进民意与司法认同的助推器,也可能成为侵害司法公正的隐患。自媒体舆论与司法审判对于案件的评判标准存在差异,并且隐含了包括对当下司法不公现象的不满、对政府官员作风的不满、对社会分配不均的不满等社会情绪。同时部分网民的个人素质参差不齐,非理性的言论漫天飞舞,再加上我国没有对自媒体舆论进行有效的规制措施,以及当下司法所面临的信任危机,均加剧了司法审判与自媒体舆论之间冲突与矛盾的产生。药家鑫案、许霆案、杭州飙车案、邓玉娇案等典型案件,均彰显了自媒体舆论对法官判断的作用力,乃至影响最终案件判决结果的强大力量。如果自媒体舆论对司法的监督超出了合理尺度,势必会对司法审判带来压力,对司法独立带来干扰,最终阻碍司法公正的实现。自媒体舆论与司法公正是既对立又统一的,本文试图以我国司法实践中具有重大影响和重要作用的18个司法案例为样本,从多角度、全方位分析自媒体舆论与司法之间是如何进行互动的;并且通过种种分析,研究自媒体舆论对司法公正的两面性的影响,进一步分析自媒体舆论对司法公正的消极影响及其产生原因,从而为实现二者协调发展提出合理化建议。
[Abstract]:With the rapid development of Internet technology, self-media has been widely used and popularized, and has become the main force of information dissemination. The self-media, represented by Weibo, is different from the traditional media in the subject of communication, the way of communication and the way of communication. Its development breaks the monopoly of the traditional media on the right to speak, and makes the ordinary people have a freedom to report all kinds of events. There was room for comments and a rapid occupation of a large number of positions of public opinion. Since the media public opinion has gradually become a favorable force to supervise judicial trial, it plays an important role in the process of interaction with judicial activities. However, everything has two sides, advantages and disadvantages, since the media opinion is no exception. Self-media opinion is not only a double-edged sword, but also a force that is difficult to control and control. Since the media concern and heated discussion on judicial cases, it may become a booster to promote public opinion and judicial identity, but also a hidden danger to infringe on judicial justice. Since there are differences between the media opinion and the judicial judgment on the judgment standard of the case, there are hidden social emotions, including dissatisfaction with the current unfair phenomenon of justice, dissatisfaction with the style of government officials, and dissatisfaction with the uneven distribution of the society. At the same time, the personal qualities of some Internet users are uneven, irrational remarks are flying all over the world, plus our country has not carried out effective regulation measures on self-media public opinion, as well as the current crisis of trust faced by the judiciary. Both intensify the conflict and contradiction between judicial trial and self-media public opinion. The case of Yao Jiaxin, the case of Xu Ting, the case of drag racing in Hangzhou, the case of Deng Yujiao, and other typical cases, all show the power of the media opinion to judge the judge, and even the powerful force that influences the final judgment result of the case. If the supervision of the judiciary by the media exceeds the reasonable standard, it will inevitably bring pressure to the judicial trial, interfere with the judicial independence, and finally hinder the realization of the judicial justice. Since the media opinion and judicial justice are both opposite and unified, this paper attempts to take 18 judicial cases which have great influence and important role in our judicial practice as samples, from various angles. Through all kinds of analysis, the author studies the influence of self-media public opinion on judicial justice. This paper further analyzes the negative influence of self-media public opinion on judicial justice and its causes, and puts forward some reasonable suggestions for realizing the coordinated development of the two.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926

【参考文献】