Study On Relation Between Public Opinion And Judicature In The View Of Modern Rule Of Law

In the new century, as a way of social supervision, public opinion is playing an increasingly important role in all aspects of social life, not only to the extent of supervision. It's participating in social life and affecting social development in many areas, especially in judicial area. The relationship between public opinion and justice, which is becoming an important problem in the process of building a modern country under the rule of law, is extremely complicated. Public opinion is one of the ways to achieve social justice, while justice is the most important way of achieving social justice and the last defensive line of social justice. Conflicts between public opinion and justice is seemingly to be inevitable, then how to resolve these conflicts, to ease or even solve the contradiction between them, to seek a coordination model, to realize the people's expectation of achieving justice, is a major issue we have to face during the process of modern legal construction of our country.This article based on the reality of the contemporary of Chinese society , the judicial status, and the jurisprudence height, and also based on the principle of theory be combined with practice. Then this article clears the complex relationship between public opinion and judicature, and explores the mechanism of integration of public opinion and judicature, then come up with theoretical assumption of judicialization of public opinion. By the construction and operation of judicialization of public opinion, This article aims to realize the communication, coordination and integration between public opinion and judicature, make the public opinion enter into the operation of judicature properly and legally, then public opinion could exist in a controled scope, so by proper expression and transformation of public opinion, the virtuous interaction of public opinion and judicature comes true and the public opinion plays a greater role in social life.Having fasten the construction of contemporary Chinese rule of law is the innovation of this paper, it has also fasten the reality of justice, judicial reform, judicial practice, in the face of legal, the diverse and complex relationship between the judicial and public opinion, explore mechanisms, forms, channels way ,explore the court, the Procuratorate, as well as judges, prosecutors, lawyers how to respond to public opinion, response to public opinions, clearly advocate the organic unity of law, reason and feeling, promote the proper absorption through the use of public opinion to promote justice, democracy, popular and rational.We believe that law is the general will of crystallization and announcement, it is closely related to the community and public,and is also closely related with people. Justice for the judicial opinion ask every part and each of these areas should be based on the community, based on the public, based on the interests of society, based on the social public will, integrate, coordinate law,judicial and public opinion, eliminate the doctrine of judicial machinery, judicial formalism, instrumentalism of justice, make it the dynamic, organic justice, rational justice, human justice, make it the organic unity of law, reason and feeling, and achieve justice operations,the implementation of the reasonable, legitimate and reasonable, to achieve the unity of protecting the rights and remedies of procedural justice and substantive justice. In contemporary China, in the deepening the process of the rule of law, democracy, human rights protection, the law and justice should be people-oriented, human rights first, the supremacy of law first, the people's interests first, equality in face of the law, due process of law, democracy, rational, fair and impartial to the values of the internal concept, pursuit and realize the social spirit of justice, law of the land, human unity, esteem and maintenance the social sprite of humanism, democracy, rationalism, seriously people, attention and respect public opinion, accept,response and guide it as well,further promote social justice, democratization, popular, people development and reform, democracy, further promote the protection and realization of civil rights, livelihood, and people`s interests.Through the changing of mind, through the innovation and improvement of the institution ,reforming the judicial, the specific practice of judicial practice, we should build a diverse demands of public opinion expression and mechanism, construct an useful and effective mechanism,the ways and means of the public justice, make a diversity organic communication, interaction, coordination, integrationof legal, judicial and public opinion scientifically and rationally. promote positive interaction between judicial and public opinion complementarity, and promote active citizenship participate the justice, guide and promote the Court, Procuratorate, as well as judges, prosecutors, Local lawyers consider and use to the public opinion reasonably and legitimately,so as to further promote the thought,feeling and willing playing even one bigger function and a greater role, further promot the realization of a fair and impartial administration and further promote social justice, harmony stability.Besides the introduction and conclusion, the article mainly includes four parts. The first part is an overview of public opinion. This part mainly discusses the meaning, content and features of public opinion, and also analyses of characteristics of public opinion on the network .The second part discusses the relationship between public opinion and judicature, analyses the general relationship between public opinion and judicature, and explores the effects, which include positive and negative ones, of public opinion on judicature. This part explores the interaction and information between public opinion and judicature from various aspects and also on multilevel, and then put forward definitely that judicature must treat public opinion seriously, that means public opinion should be valued, respected, answered, absorbed and guided.The third part discusses the judicialization of public opinion and its basic philosophy. First is the analysis of judicialization of public opinion's connotation, significance and function. Second, this part explores the mechanism of judicialization of public opinion and the complex relationships between judicial activism and public opinion, free discretion and public opinion, judicial interpretation and public opinion. The last is the discussion on the basic concepts of judicialization of public opinion, by revealing the basic concepts, main values and basic principles. This part put forward that the judicialization of public opinion should make people-oriented, human rights first, the supremacy of law, fairness and justice, democracy, people's livelihood, civil rights and balance of interests as its basic philosophy and value pursuit.The fourth part is based on modern judicial reform and judicial practice. By analyzing judicial reform, public opinion in judicial practice, the method and mechanism of judicialization of public opinion, and by revealing the complicated relationship between the court, judges and public opinion, the relationship between procuratorate, prosecutors and public opinion, relationship between lawyers and public opinion, relationship between media (public opinion) trial, network (the public) trial and judicial trial, the author make it clear that both modern judicial reform of our country and judicial practice need to take public opinion seriously, through integration, coordination of public opinion, we can promote the socialization, popularization , democratization, humanism and rationalization in every step of justice.