The Public Opinion Basic Of Judicial Judgment In China

Generally speaking, the law of a democracy country reflects justice opinion. The law is based on democratic procedures. Following this law, legal department judge concrete cases should be regarded as executing public opinion. In this understanding, conflict should not exist between judicial and public opinion. But as the enhancement of public legal consciousness and a deeper legal profession, in practice, judicial and public opinion have appeared tensions. For instance, recent year's the case of Xuting,Qiuxinghua,Dengyujiao and other typical cases all suggest that public opinion has become one of the important factors of judicial referee. Especially, the rise of the Internet makes judicial referee expose in new information circumstances. Judicature faces pressure from quicker and fiercer net public opinion at any time. As social supervision strength, public opinion is beneficial to the realization of fair court judgment. Concerning public opinion and facing its existence and influence helps adjudication get reasonable support. Since judicature can not be isolated with public opinion, then finding a way to keep these two in a positive interactive relationship seems to be a theoretical and practical subject. Only when public opinion participate in judicature in a reasonable and effective way and public can exam judicature by a rational visual field, can public opinion and judicature achieve agreement in a larger extent . Finally, we can realize a win-win situation between the judicial authority and two effects.In the form of cases, this paper firstly draws forth the strained relationship between justice and public opinion, and then introduces our current academic research status. Through the comparison of some similar concepts, such as public opinion and public view, the author concluded her own ideas. Public opinion can be understood as people's views or intentions formed from legal events, and public's own ethics, values as well as knowledge structure. Through comparing the different attitudes and practices toward public opinion between China and the western countries such as America and Britain, and in the basis of induction and analysis of our national public opinion and justice's present situation and causes, this paper answers the question of why public opinion should be related to justice. This paper is based on theory and reality, and it commits public opinion as a reasonable foundation of legal judgment. Then it simply discusses how public opinion can enter judicature reasonably and legitimately. It suggests that we should respect public opinion as well as insist on the judicial dependence, including the cultivation of legal faith, moderate supervision to Medias and enhance the advantage of juror system. The paper advises exploring the balance between public opinion and judicature. When public opinion can participate in judicature with a reasonable and effective way to, people will be able to re-examine judicature more rationally. Public opinion and judicature can also gain agreement to a greater extent.