网络时代的舆论与司法——以哈贝马斯的公共领域理论为视角

公共领域是一个公民自由讨论公共事务的空间。在网络信息时代,新媒体的出现使承载舆论的公共领域发生了结构性的变化,导致了"公共领域的第三次结构转型"。2009 年以来,多宗演变成影响性事件的司法案件表明,当下中国的司法恰逢公共领域转型和社会转型的双重变奏,其运作的过程和裁判的结果深受舆论的影响甚至左右。为了在舆论与司法之间培育起健康的关系,必须既保障开放的舆论空间,又保障依司法独立运行,并通过司法的透明化赢得社会公众对司法的信任。

Public sphere means a space where citizens discuss public affairs freely. In cyber age, however, the shaping of new media has led to a structural change of public sphere in which exchanges of public opinion taking place. The author describes it as the ＂third structural transformation of public sphere＂. Since 2009, a number of influential judicial cases have proved that, at present, justice in China is facing dual impact, involving transformations of both public sphere and society. These influential cases have served as an example of influence by public opinion on justice. In order to cultivate a healthy relationship between public opinion and justice, we need to make efforts to guarantee the independency of justice and an open and free space of public opinion as well. Only with the transparency of justice can we win the public＇ s confidence in justice.