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网络舆论伴随互联网技术的兴起与发展而出现,并以其区别于传统媒体的特点给法官自由裁量权的行使带来了巨大的冲击。在这新兴网络舆论监督的大背景下,如何让法官在正确运用自由裁量权的同时满足广大公民的知情权、监督权,是每一个司法工作者应该思考的问题。文章建立在实际调研的基础上,采用网上调查、线下访问相结合的方法收集数据并进行深入分析。文章从网络舆论的特征入手,着重分析了网络舆论对法官自由裁量权正反两方面的影响。同时,为促进网络舆论与法官自由裁量权的良性互动提出了具体建议,以期在协调好二者关系的基础上,促进我国社会主义法制建设。
With the rise and development of internet technology, internet public opinion has appeared, and has exerted a huge impact on the exercise of the discretion of the judge by its distinguishing characteristics from the traditional media. Under the background of public opinion on this emerging network, how to let judges satisfy the citizens’ right to know and supervise while correctly using the discretionary power is a question that every judicial worker should think about. Based on the actual investigation, the article collects data and conducts in-depth analysis by means of online survey and offline interview. The article begins with the characteristics of internet public opinion, and emphatically analyzes the impact of internet public opinion on both the pros and cons of judges’ discretion. At the same time, specific suggestions are put forward to promote the positive interaction between the public opinion on the internet and the judges’ discretion so as to promote the construction of China’s socialist legal system on the basis of coordinating the relationship between the two.