网络舆情的法治价值及其对司法审判的影响

摘 要

摘要：法律是法官审理案件的唯一依据和标准。在越来越炽热的网络语言环境下，民众和媒体不能左右司法，法律才是司法审判的唯一先决因素。以下是为大家分享的关于网络舆情的法治价值及其对司法审判的影响之论文范文。

　　现如今，无论大街小巷发生了什么事情，网络的流传总是最迅速的，网民们可以在第一时间知道事情的真相，甚至会进行“人肉搜索”，寻找某一事件的元凶。而这也许是益事，也许会成为令司法机关比较头疼的问题。因为，网络舆情代表着相当比例的民声、民意，披露社会视角下诸多方面的问题，从某种角度对这些社会热点问题进行肯定或批驳。

　　尽管我们认为这是网络在起着监督的作用，实际上这种监督往往会对司法审判在程序上起到一定的威慑作用，这也是俗称的“舆论压力”。这样，反而不利于司法机关展开相关工作。

　　网络舆情虽然来势凶猛，但是不可能取代司法审判。因为网络舆情带有浓重的个人道德观念色彩，不具有法律效力，更多地体现了人的主观性和随意性，不符合法治社会的司法审判要求。所以，网络舆情应充当的是司法公正的民意监督代表这一角色，它不可以左右司法审判的价值取向性，不偏向社会个案，注重司法程序的公正，提升司法公信力，最终实现法律效果和社会效果的完美统一。

目       录

前言···················································································································1

一、网络舆情概述·································································································2

（一）网络舆情的概述···························································································2

（二）网络舆情的特点···························································································2

1、网络舆情传播的快速性······················································································2

2、网络舆情传播媒介的多样性················································································3

3、网民参与的广泛性····························································································2

（三）网络舆情的具体方式·········································································· ··········3

二、网络舆情的法制价值························································································3

（一）网络舆情的先生价值·····················································································3

（二）网络舆情的不可抗因素·····················································································3

（三）网络舆情的舆论监督·····················································································3

1、网络舆情的舆论监督·························································································3

2.网络舆情对公众的知情权·····················································································4

三、网络舆情对司法审判的影响 ··························································· ·················4

（一）网络舆情的监督影响··································································· ·················4

1．网络舆情对司法的积极影响········································································ ·······5

2．网络舆情对司法的消极影响···································································· ···········6

（二）网络舆情的有效监督··································································· ·················6

1.网络舆情是维护司法的独立力量·································································· ··········6

四、结论 ························································································· ··················7

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