如何正确理解和对待网络舆论在公共舆论中的作用,以及在司法实践中如何正确处理公众舆论对监督和司法独立的要求,这是实现司法正义的重要任务。
How to correctly understand and handle the role of network public opinion in the public sphere, and how to properly deal with the requirements of public opinion supervision and judicial independence in judicial practice, is an important task in achieving judicial justice.
网络舆论对司法公正和司法独立的监督是一项宪法权利,最终目标是实现社会公正。
The supervision of justice and judicial independence by network public opinion is a constitutional right, with the ultimate goal of achieving social justice.
尽管目标是一致的,但实际上仍然存在冲突。媒体与司法之间的冲突本质上是两个宪法权利之间的冲突。
Although the goal is consistent, in reality, conflicts still exist. The conflict between media and justice is essentially a conflict between two constitutional rights.
"All those who have the power to abuse of power, this is the eternal difficult experience. People with power use rights to meet boundary place to rest."
"Those who possess power have the potential to abuse it. This is a constant and challenging reality. Individuals with power must use their rights to establish boundaries and create balance."
因此,为了减轻网络舆论对法官裁量权的影响,实现舆论监督权和司法权的双赢局面,必须在权力行使中各自守好边界,最终达到更好的平衡点。
Therefore, in order to alleviate the impact of network public opinion on a judge's discretion, and achieve a win-win situation for the right of public opinion supervision and judicial rights, each power must exercise their own boundaries, and ultimately achieve a better balance point.
关键词:网络舆论;刑事裁量权;媒体审判
Keywords: network public opinion; criminal discretion; media trial.
码字不易,欢迎采纳。
如何正确认识和对待网络舆论的作用, 并在司法实践中正确处理舆论监督与司法独立的关系正日益称为实现司法公正的重大课题。
网络舆论监督司法和司法独立权都是宪法赋予的权利, 两者的根本目标都是实现社会公正。虽然目标是一致的, 但是现实中的冲突还是存在的。媒体与司法之间的冲突实质上是两种宪法权利的冲突。“一切有权力的人都容易滥用权力, 这是万古不易的一条经验。有权力的人们使用权利一直到遇到有界限的地方才休止。”因此, 要纾解网络舆论对法官自由裁量权的消解影响, 实现舆论监督权与司法权的共赢, 必须在权利(力)行使过程中守住各自的边界, 最后达到较佳的平衡点。
关键词:网络舆论;刑事自由裁量权;媒体审判
(英文):
How to correctly understand and treat the network to the role of public opinion, and in the judicial practice of the correct handling of supervision by public opinion and judicial independence is increasingly referred to the realization of judicial justice major task.
The network supervision of public opinion of justice and judicial independence is a constitutional right, the ultimate goal is to achieve social justice. Although the goal is consistent, but in reality the conflict still exists. The conflict between media and justice is essentially the two constitution right conflict. " All those who have the power to abuse of power, this is the eternal difficult experience. People with power use rights to meet boundary place to rest." Therefore, to alleviate the network public opinion on the judge's right of discretion digestion effect, achieve the right of public opinion supervision and judicial rights win-win situation, must be in the right ( power) during exercise at respective boundary, the last to achieve a better balance point.
Key words: network public opinion; the criminal right of discretion; media trial