The Research Of Public Opinion And Judicatory

Judicature trial is one of the main forms of realizing social just. Judicature just is also one of the most important attribute of social justice. In the ideal judicature seem to serve only abstract legal articles, principles and values .However the judicial activity always occurs and goes on in certain time and space, each kind of social factor is unable to remove, but manifests itself inevitably in the legal operation process. Among them, the huge pressure and influence which public opinion has on judicial trial is a very prominent example.The concept of public opinion, originates in China in the beginning, it's widespread use is actually in the West, the jury system is an important way of judicatory absorbing public opinion, our country all has the tradition from ancient times till now of taking public opinion excessively, because the public opinion has irrationality, fluidity, therefore, judicatory should be supposed to maintain distant from public opinion to maintain the suitable elasticity .But just should be realized by taking the right procedure , not by public opinion. The judicial activity is closeness, highly specialized, characteristic, the public opinion should concentrate the main energy on legislation processes apart from judicial processes, thus achieves the transformation from the absorption of public opinion to the belief of law.