论网络舆情与刑事审判独立的衡平

On Balance between Network Public Opinions and Independent Criminal Trials

互联网普及使网络舆情迅速兴起,其本身所具有的信息、对话、导向以及监督等功能,能发挥预防司法腐败的作用,保障刑事司法公正。但是如果网络舆情泛滥则会影响司法独立,挑战和威胁刑事司法正义。所以应当建立网络舆情与刑事审判独立之间的互衡机制,主要表现为:建立网络舆情监督引导机制,构建民意沟通与疏通机制等。

The popularity of the Intemet makes the network public opinion rising rapidly, its own functions such as infor- marion, dialogues, guidance and supervision can play a preventive role of judicial corruption and safeguard the justice of criminal judiciary. However, its flooding will affect the independence of the judiciary, challenge and threat the criminal justice. Therefore, the mutual balance mechanism between network public opinions and independent criminal trials should be established, including establishment of supervision and guidance mechanism of the network public opinion and construction of the communication and dredging mechanism of public opinions etc.