论网络舆论对司法的影响
发布时间：2018-11-19 21:27
【摘要】：网络技术的发展和电脑的普及在司法领域掀起了一场深刻的革命，与传统媒体相比，网络舆论在司法活动中发挥着越来越重要的影响。一方面网络舆论在促进司法公正和法制完备、树立司法权威、提高公民法律素养方面发挥了积极的作用,但另一方面网络舆论也侵犯了司法的独立性原则、法官的自由心证原则、刑法中的无罪推定原则以及诉讼参与人的权利等。究其原因，公众的朴素正义感与法律正义之间的冲突，正当程序的缺失造成不同社会阶层之间的冲突，以及法律规范的不确定性和滞后性，是网络舆论与司法活动产生矛盾的主要根源。纵观现在的司法现状，从“孙志刚案”、“欺实码”再到“我爸是李刚”，网络舆论影响司法活动也有其现实必要性，它是公民基本权利的延伸，是审判公开的需要，，是约束司法权利和实现社会正义的需要，也是媒体职责及司法现实的需要。所以我们要寻求方法来促进网络舆论与司法活动之间的良性互动，司法方面要尽快加强网络舆论的立法规制，相关司法机关要建立重大案件的回应机制，法官要从自身做起，提高自身整体素质，树立司法的权威；同时媒体方面也要加强行业自律，遏制虚假新闻出现，真正使网络舆论与司法活动在冲突与协调中达到最佳的利益平衡点。
[Abstract]:The development of network technology and the popularization of computers have set off a profound revolution in the judicial field. Compared with the traditional media, network public opinion plays an increasingly important role in judicial activities. On the one hand, network public opinion has played an active role in promoting judicial justice and perfection of legal system, establishing judicial authority and improving citizens' legal literacy, but on the other hand, network public opinion has also violated the principle of judicial independence. The principle of judge's free proof, the presumption of innocence in criminal law and the rights of litigant participants. The reason is that the conflict between the public's sense of justice and legal justice, the lack of due process causes the conflict between different social strata, as well as the uncertainty and lag of legal norms. It is the main source of contradiction between network public opinion and judicial activities. Throughout the current judicial situation, from "Sun Zhigang's case", "deceiving real code" to "my father is Li Gang", there is also a practical necessity for network public opinion to influence judicial activities. It is an extension of citizens' basic rights and the need for open trial. It is the need to restrict judicial right and realize social justice, and also the need of media duty and judicial reality. Therefore, we should seek ways to promote the positive interaction between network public opinion and judicial activities. In the judicial aspect, we should strengthen the legislative regulation of network public opinion as soon as possible. The relevant judicial organs should establish a response mechanism for major cases, and judges should start from themselves. Improve their own overall quality, establish the authority of the judiciary; At the same time, the media should strengthen the self-discipline of the industry, contain the false news, and make the network public opinion and judicial activities achieve the best benefit balance point in the conflict and coordination.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D926.2;G206
[Abstract]:The development of network technology and the popularization of computers have set off a profound revolution in the judicial field. Compared with the traditional media, network public opinion plays an increasingly important role in judicial activities. On the one hand, network public opinion has played an active role in promoting judicial justice and perfection of legal system, establishing judicial authority and improving citizens' legal literacy, but on the other hand, network public opinion has also violated the principle of judicial independence. The principle of judge's free proof, the presumption of innocence in criminal law and the rights of litigant participants. The reason is that the conflict between the public's sense of justice and legal justice, the lack of due process causes the conflict between different social strata, as well as the uncertainty and lag of legal norms. It is the main source of contradiction between network public opinion and judicial activities. Throughout the current judicial situation, from "Sun Zhigang's case", "deceiving real code" to "my father is Li Gang", there is also a practical necessity for network public opinion to influence judicial activities. It is an extension of citizens' basic rights and the need for open trial. It is the need to restrict judicial right and realize social justice, and also the need of media duty and judicial reality. Therefore, we should seek ways to promote the positive interaction between network public opinion and judicial activities. In the judicial aspect, we should strengthen the legislative regulation of network public opinion as soon as possible. The relevant judicial organs should establish a response mechanism for major cases, and judges should start from themselves. Improve their own overall quality, establish the authority of the judiciary; At the same time, the media should strengthen the self-discipline of the industry, contain the false news, and make the network public opinion and judicial activities achieve the best benefit balance point in the conflict and coordination.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D926.2;G206
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