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随着网络技术的出现和发展,互联网以前所未有的速度影响着人们的生活,由于具有方便、快捷、高效等特点,网络逐渐成为网民交流和表达观点的平台。一方面,网络舆论因其公开、开放、及时等特点天然具有制约司法不公的功能,对司法审判具有监督的作用。同时,由于舆论具有非理性的成分,又成为实现审判独立与公正的障碍。如何实现网络舆论与刑事审判的良性互动在审判与网络舆论之间寻找到一个协调点是当今理论界和实务界共同关心的话题。
With the emergence and development of network technology, the Internet affects people’s lives with unprecedented speed. Due to its convenience, speed and efficiency, the Internet has gradually become a platform for Internet users to exchange and express their opinions. On the one hand, because of its openness, openness and timelyness, the online public opinion naturally has the function of restraining judicial unfairness, and plays a supervisory role in judicial adjudication. At the same time, due to the irrational elements of public opinion, it has also become an obstacle to the independence and fairness of the trial. How to Realize the Positive Interaction between Internet Public Opinion and Criminal Justice Finding a coordination point between trial and online public opinion is a common topic of concern for both theorists and practitioners today.