网络民意对司法公正的影响与平衡
The Impact and Balance of Internet Public Opinion on Judicial Justice

随着信息社会的到来，公众获取信息传播信息的媒介不断增加。网络凭借其传播速度快与传播范围广的特点，逐渐成为公众表达言论自由的平台，这为公众参与司法提供了新路径，公众可以通过对案件的评论参与到案件中。随之，网络民意作为衍生品产生，其在保障了公民的言论自由权的同时也增强了公众对司法的民主监督，但网络民意在很大程度上也对司法进行了干预，有损其独立公正性。本文通过借助江歌案与药家鑫案中网络民意对司法带来的影响为视角，分析网络民意给司法审判带来的影响，以求找寻网络民意与司法独立审判两者间的平衡，实现其良性互动。
With the advent of the information society, the media for the public to obtain information and disseminate information are increasing. The Internet, with its characteristics of fast and wide dissemination, has gradually become a platform for the public to express their freedom of expression, which provides a new path for the public to participate in the administration of justice, and the public can participate in cases by commenting on them. As a consequence, online public opinion has emerged as a derivative, which guarantees the citizens’ right to freedom of expression and enhances the public’s democratic supervision of the judiciary, but to a large extent, online public opinion also interferes with the judiciary and undermines its independence and impartiality. This paper analyzes the impact of online public opinion on judicial trials through the lens of the impact of online public opinion on the judiciary in the Jiang Ge and Yak Jiaxin cases, in order to find a balance between online public opinion and independent judicial trials and to realize their positive interaction.