Lay Men And Justice

The public may promote judicial justice through a supervision by public opinion. However, more or less, the public themselves could also become a sort of resistance that encroaches judicial independence and impartiality of the trial since the public often judges the case starting from a social and moral standards, doping their emotions, which produces some "instability" during the evaluation, There are lack of considerations over the established judicial process and neglect of rational justice in view of ordinary people do not have the sophisticated professional legal knowledge. On the contrary, the public exerts an irresistible pressure to the judicature with its powerful public opinion advantage, even if it is wrong, justice is often forced to violate the law and to comply with the wishes of the vast population. Therefore, it's of great significance how to correctly handle the relationship between the public and justice, and reasonably define the scope the public get involved in the judicial field, so that the public could supervise jurisdiction effectively and promote a healthy functioning of justice, while not being offensive to the judiciary because of its formidable public opinion pressure, in order to form a good balance situation by combining with each other in an ordered manner. This is also important to ensure judicial independence, the achievement of justice, and judicial reform of China, as well as promote practical operation skills for the legal practitioners.Mostly, traditional research on the public and justice starts from the perspective of the media and the judiciary. Nevertheless, the public opinion does not necessarily mean the mass media while looking at its manifestation. We would not build an overall impression of the relationship between the public and the justice from the existing literature. In this article, on the basis of previous research, the author tries to help form a overall impression of the relationship between the public and judicature by inducing the history type that the public get involved in judicature, evaluating how the public affect justice with typical cases, Meanwhile, how a balancing mechanism of the public and the justice of China would be built is investigated by analyzing foreign approaches to solving this problem. It's hoped that such a relatively systematic analysis could make a valuable exploration for study of people and justice .