Research On The Judicial Meaning Of The Public Opinion

The public opinion especially the internet public opinion plays a very importantrole in the judicial judgment of the influential cases in China. It needs to be discussedthat how much causality between the public opinion and the judgment, and the judicialmeaning of the public opinion. It concerns how to evaluate and treat with the publicopinion, and how it can help to establish the judiciary authority.There are 5 chapters in this dissertation. .Chapter 1 is about the relationship between the public opinion and modernChina's judicial judgment. The public opinion in the judicial judgment shows thepattern of pluralism. The traditional media, online media and intelligentsia constitute athree-pole mode of public opinion. Public opinion has become a main exercise for theright to speak of the public. The network provides the public with an unprecedentedmutual communication and dialogue platform, and a staggered way of communicationexchanging among different social subjects, to provide, and the opportunity of'publicenlightenment'. The pattern of the interaction between the public opinion and modernChina's judicial judgment is like a Pyramid.Chapter 2 discusses that the public opinion plays a benign role in the judicialprocess. Before the judicial independence been realized and the judicial corruptionbeen avoided, it is a positive sum game the public opinion and judicial judgment.Public opinion promotes the awakening of the public spirit of citizens, and nurturespeople's awareness of rights, public responsibility and public reason. The internetprovides a public space opportunity for the private right to contend with publicauthority, and has become a major means to practice civil rights, and develop of publicspirit. Public opinion in the legal affairs plays a safety valve role in the society,accomplished with judicial functions.Chapter 3 discusses that the public opinion also has potential dangers to thejudicial judgment. The academics expressed concerns about the irrational publicopinion may undermine judicial independence, procedural justice and push theemergence of populist tendencies. Chapter 4 discusses that, it is shown that freedom of expression and judicialindependence has similarity on value orientation unity and differences on operationmechanism. The communication to discuss is the internal needs of the contemporaryjudicial judgment. The public opinion in the current legal environment is conducive forthe realization of the independence of the judiciary. Public opinion and proceduraljustice has external conflict and reasonable possibility of coexistence. The network ofpublic opinion may develop the possibility of populism, and it also has the possibilityto promote the building of democracy. The public opinion should be well treated.Chapter 5 discusses that, the status of judicial authority in China is not optimistic.To establish a judicial authority, the establishment of the authority of the judicialpower is the base, the establishment of legal authority is a prerequisite, and thecredibility of the judiciary is the key. As long as the correct treatment, public opinionwill not affect the authority of the judiciary; on the contrary, it can promote theestablishment of judicial authority. Specifically, the public opinion can help to achievejudiciary authority through the way to realize the judiciary independence, to preventcorruption in the judiciary, to establish the legal authority, to promote judicial reform,and to cultivate legal beliefs.