网络舆论审判的形成机制及治理路径
The Cause and Guidance of Network Public Opinion Trial

在传统媒体时代，由于信息的接收大多来自媒体，因而“媒介审判”现象突出。但随着网络与社交媒体的广泛运用和普及，“媒介审判”被“舆论审判”所替代，成为公众言论自由的“代名词”。无疑，“舆论审判”确实为促进信息透明公开、传递公平正义期许、推动民主监督等起到正向效用。但是它也频频发生负面的舆论审判事件，表现出远离理性思考、凌驾于司法制度之上等非合理性行为。本文就这一现象进行深入研究，分析其成因以及如何平衡与司法公正的关系。
In the era of traditional media, the phenomenon of “trial by media” was prominent, as information was predominantly received through media channels. However, with the widespread adoption and proliferation of the internet and social media, “trial by media” has been replaced by “trial by public opinion,” becoming a synonym for the freedom of public discourse. Undoubtedly, “trial by public opinion” has positively contributed to promoting transparency, conveying expectations of fairness and justice, and advancing democratic oversight. Nevertheless, negative instances of “trial by public opinion” frequently occur, manifesting as irrational behaviors that stray from thoughtful consideration and override the judicial system. This paper delves deeply into this phenomenon, analyzing its root causes and exploring how to balance it with judicial fairness.