Seeking The Balance Between The Supervision Of The Public Opinion And The Judicial Justice

With more and more concentration on the judicial activities by the public opinion in recent years, there are continuous conflicts and contradictions between the public opinion and the justice because of their different value judgment and ideals. Since they are afforded important social responsibilities and historical tasks in building a society of democracy and nomocracy, we need to think of the special relationship between them seriously with reason and jurisprudence. Thus we can seek the balance point between them and put their functions into realization.The conflicts and contradictions between the supervision of the public opinion and the judicial justice reflect the conflicts between the civil situations and the rule of law in the situation of transformation. The public opinion influences the judicial power and there are many situations of trials by media. What's more, the status that the unfair of the execution of law leads to the mistrust of the public to the judicial organizations makes more conflicts between them. With reference to the judicial exercises of the west and combined with Chinese concrete situation, we can be familiar with and resolve these conflicts by discussing the emergent problems and finding the solution to them. It is not only of practical importance, but also a good reference to the perfection of rule of law in China.This article is divided into four parts.The first chapter is about the basic theories of the supervision of the public opinion and the judicial justice. It also discusses about the active function of the supervision of the public opinion to the judicial justice based on those theories. This part demonstrates that the supervision of the public opinion is a social evaluation and it affects the activities of the human being by influence on their moral feeling. Then it affects the whole society. Compared with the supervision of legislation and administration, the supervision of the public opinion is evaluative, public will, universality, open and timing. However, there may be inclined speech because of its characteristic of first impression being strongest and mislead the society. The judicial justice is the terminative target of the rule of law. The point of the judicial justice lies in the combination of procedure justice and substantial justice, limitation and prevention of the occurrence of the tort, protection to the legal rights and interests of the party, advance of the trust and expectation to the litigation and maintenance of the legal order. The supervision of the public opinion actively promotes the interaction between it and the judicial activities, eliminates the distractive factors by making affair open and makes the justice independent. The supervision of the public opinion corrects and relieves the judicial unfair by publicly disclosure and criticism.The second chapter reviews the conflicts between the supervision of the public opinion and the judicial justice. The public opinion values the fair of judicial activities in terms of the public moral conception, while the justice in terms of the legal rules. Their difference understanding to the standard of fair leads to those conflicts. There are often situations of trials of media, which the supervision of the public opinion offenses the judicial power, and the resentment of the judicial organizations to the supervision of the public opinion because of its exposal.The third chapter demonstrates the coordination of the supervision of the public opinion and the judicial justice. Both of their terminative targets are the realization of the social justice and the same targets are the balance point of the coordination of their relationship. The supervision power of news promulgated in the constitution is the legal foundation of the media to supervise the justice and their supervision becomes justice. It is necessary that the justice is supervised by the public opinion. The public opinion exposes the judicial activities to the society by news and the judicial organizations have to discipline themselves. The supervision of the public opinion guarantees the right of knowing of the judicial area of the public and advances the reformation in its supervision.The fourth chapter discusses the construction of systems of the supervision of the public opinion and the judicial justice. It points out Chinese particularly problems by reviewing the development history of the systems of the supervision of the public opinion and the judicial justice. There are short of higher quality group of the professional justices. The judicial power is distracted by many other powers. The justice can hardly decide the case independently in fact. The execution of the judicial power is interfered by all kinds of factors. The legal stability of adjudication is destroyed by the principle of correction of the wrong case, the system of retrial, the supervision of personal case and the appeal to the higher authorities for help by the party. These systems all can change the result of adjudication and lack of consideration of certainty and the effect of the adjudication so that they make the person that decides the case free of answering for all kinds of responsibilities. The justice has to think of the risk, responsibility and pressure after the adjudication when he executes his judicial power. The report of the media increases difficulties of decision and the risk of responsibility to the justice. It is important to set up effective defensive systems of the justice to prevent the interference of the supervision of the public opinion to make the judicial justice. Such as the court refuses the media to report and gather news in the court. The judge should not be interviewed by the media before the over of the litigation. The judge who knows the case before the trial should be excluded in the trial. Once these systems are set up, the unfair interference of the supervision of the public opinion to the judicial power can be stopped. Draw a reasonable line for the media to supervise the justice. The media should abide by the law and report the judicial activities impersonality in a view of stander-by. The report should respect the judicial particularity and distinct the introduction from the comment. Create a good circumstance for the public opinion to supervise the justice. The judicial organizations should make the trial open and the systems of spokesman and the public promulgation of adjudication set up. They also need to treat the media kindly. When both of them are to be emphasized, the balance system between the supervision of the public opinion and the judicial justice can be really set up.