近年来,随着网络的发展,舆论渗入司法的现象越来越普遍,由于网络舆论反映的是大众的普遍思维,而司法体现的是法官的专业思维,加之我国现行司法还处在转型期,因此法官在审理案件时不得不考虑一些社会影响,“社会情绪”等因素,这就相应的促使网络舆论在挑战着司法的独立性。因此研究并解决这一冲突已成为最值得关注的问题。 In recent years, with the development of the internet, the phenomenon of public opinion infiltrating the judiciary has become more and more common. Because the internet public opinion reflects the common thinking of the public, and the judicature reflects the professional thinking of judges. In addition, the current judicial system in our country is still in the transitional period, Therefore, when judges judge the case, they have to consider some social influences and other factors such as “social emotions.” This correspondingly causes the cyberpublic opinion to challenge the independence of the judiciary. Therefore, studying and resolving this conflict has become the most concern issue.