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

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.