论舆论监督对法院审判活动之影响及规制——兼论监督与审判的关系

立法、司法等监督权功能的弱化及缺失,使舆论监督的作用与影响日益强化。但从实践观之,审判活动若过分受制于舆论监督,将极大影响和干扰司法裁判权的独立以及倒置监督与审判的关系。因此,重新审视监督与审判的关系,适当规制舆论监督的范围,是提升审判公信力及执行力的必然选择。

Effect,Rules and Regulations of Public Opinion Supervision on the Trial of Law Court

Due to the weakening and lack of legislative and judicial supervision function,the function and influence of supervision by public opinion are increasingly strengthened.Nevertheless,in the view of practice,if the judicial activities are unduly subject to supervision by public opinion,they will greatly affect and interfere with the independence of judicial jurisdiction and the relationship between inversion supervision and judgment.Hence it has become the inevitable choice to improve judicial credibility and execution to re-examine the relationship between supervision and judge and properly regulate the scope of supervision by public opinion.