2009年以来,“药家鑫”、“躲猫猫”、“俯卧撑”、“欺实马”、“我爸是李刚”等新名词令人眼花缭乱,它们的共性就是在一起案件被引发网络关注后,迅速放大成互联网事件,也被称为“公案”。~([1])该类公案处理过程中,层出不穷的“用民意抗争精英法治”等言论,让人不禁深刻思考网络舆论与公正司法~([2])间的关系问题。最高人民法院《关于人民法院接受新闻媒体舆论监督的若干规定》(下称《若干规定》)对于人民法院接受新闻媒体监督做出规定,但就如何应对网络舆论尚无明确 Since 2009, new names such as “Medicine Xin,” “Hide and Seek,” “Pushups,” “Cheating Horse,” “My Daddy, Li Gang,” are dazzling. The commonality is that after a case is triggered by a concern in the network, it is quickly amplified into an Internet event, which is also called a “public law case.” During the process of handling such cases, the endless stream of “rule of law by civil opinion elites” and other remarks made one can not but deeply think about the relationship between online public opinion and fair justice ~ ([2]). Several Provisions of the Supreme People’s Court on Accepting Supervision by the People’s Courts for Opinion by the News Media (hereinafter referred to as “Certain Provisions”) Stipulate that the People’s Courts Accept the Supervision by the News Media, but There Is No Specific Answer on How to Cope with Online Opinions