论文部分内容阅读
近几年来,由于媒体特别是网络力量发展迅速,由此带来的舆情成为了监督司法机关活动尤其是法院审判工作的重要手段,各地的法院也纷纷引进这种监督机制,以促使法院的审判结果公平公正,同时也弥补了法律效果与社会效果之间可能会出现的缝隙。但这种监督方式在促使法院依法行使审判权,改进法院的审判工作,确保审判结果合法合理的同时,也给人民法院独立的行使审判权造成了一定的威胁,甚至会出现舆论绑架司法,如一个原本合乎法理的判决却因公众的不满而被迫更改,这种情形会更加危害司法的独立与公正,由此展开,略探舆论监督对司法审判的利弊。
In recent years, due to the rapid development of the media, especially the network power, the public opinion thus brought has become an important means of supervising the activities of the judiciary, especially the trial of the courts. Various courts have also introduced such supervisory mechanisms in order to promote the court’s trial The results are fair and just, but also make up for the gap between legal effects and social effects. However, this method of supervision has posed a certain threat to the people’s courts in exercising their jurisdiction independently even in urging the courts to exercise their judicial power in accordance with the law, improving their judicial work, and ensuring that the trial results are legitimate and reasonable, and even lead to the media’s abduction of justice. For instance, However, judgments originally ruled by the law were forced to change due to public dissatisfaction. This situation would be more harmful to the independence and impartiality of the judiciary. From there, the pros and cons of public opinion supervision over judicial trials were slightly explored.