The Impact of Online Opinion on Justice: Two Cases in Comparative Law Perspective

In the early stages of the judicial process, trials were characterized by a pursuit of independence and justice, with judges adhering strictly to legal statutes and delivering judgments that aligned with legal logic. However, as today's digital landscape evolves, Internet users engage with the judiciary in distinct ways; they communicate online, actively voice their opinions, and gradually cultivate a representative form of public opinion on the web. As the impact of online public sentiment on judicial administration grows stronger, it increasingly exhibits a tendency to exert dominance. While the independence of the judiciary remains unquestionable, certain explosive instances of online public opinion also highlight pressing societal issues that warrant attention and cannot be overlooked. Using two well-known cases as an entry point, we will compare how networked public opinion influences justice differently in Japan and China. This analysis will delve into the underlying jurisprudence while seeking solutions tailored to China's national context. The goal is to foster positive interaction between these two realms—leveraging the constructive influence of online public opinion on judicial processes—and ultimately enhance China's judiciary system.

Authors

Publication Details

Journal
Advances in Social Science and Culture
Published
2024-09-30
DOI
https://doi.org/10.22158/assc.v6n5p47
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The Impact of Online Opinion on Justice: Two Cases in Comparative Law Perspective

He Shuang
Advances in Social Science and Culture
European and International Law Studies
article

The Impact of Online Opinion on Justice: Two Cases in Comparative Law Perspective

He Shuang
article en

Abstract

In the early stages of the judicial process, trials were characterized by a pursuit of independence and justice, with judges adhering strictly to legal statutes and delivering judgments that aligned with legal logic. However, as today's digital landscape evolves, Internet users engage with the judiciary in distinct ways; they communicate online, actively voice their opinions, and gradually cultivate a representative form of public opinion on the web. As the impact of online public sentiment on judicial administration grows stronger, it increasingly exhibits a tendency to exert dominance. While the independence of the judiciary remains unquestionable, certain explosive instances of online public opinion also highlight pressing societal issues that warrant attention and cannot be overlooked. Using two well-known cases as an entry point, we will compare how networked public opinion influences justice differently in Japan and China. This analysis will delve into the underlying jurisprudence while seeking solutions tailored to China's national context. The goal is to foster positive interaction between these two realms—leveraging the constructive influence of online public opinion on judicial processes—and ultimately enhance China's judiciary system.

Advances in Social Science and CultureVol. 6(5)
Peace, Justice and strong institutions
Openalex Percentile: Top 74%
European and International Law Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.