On The Independence Of The Judiciary And The Pubic Opinion Of The Conflict And Balance

As two different industries, justice and public opinions have different characteristics of the career, both of them are very important elements in modern democratic society. The final purpose of the administration of justice is to achieve justice, but justice is depend on the independence of the judiciary, judicial independence means independence of the judiciary to exercise jurisdiction in accordance with the law, not subject to administrative organs, public organizations or individuals. But public opinion in the media the administration of justice in violation of the natural activity of doomed him are bound to affect the independence of the judiciary. Although the independence of the judiciary from public opinion is the ultimate goal in order to achieve a fair society to promote the development and progress of the society. Different values decide that between the independence of the judiciary and public opinions, there are many conflicts and the conflicts threat to the authority of the judicial process and the rule of law directly, therefore, it's necessary to pay much attention to them.On how to balance the conflicts between public opinions and the independence of the judiciary, different people have different opinions, the paper card at the multi-focus on different points of view of public opinion after the administration of justice need to monitor the activity and feasibility analysis of the key independence of the judiciary and public opinion the reasons for the conflict, based on the hazards, the independence of the judiciary and public opinion of the balance between the measures of conflict. Taking a panoramic view of the domestic research on this problem, there are a lot of books about the conflicts and balance of the independence of the judiciary and public opinion ,but most of them just put the main point on a limited area including newspapers, radio, television and other traditional media of public opinion, on the network, Mobile few of these emerging media research, the paper put the main public opinion extended to the network, mobile and other new media, and hope to compensate for this shortcoming. Moreover, when most domestic experts and scholars discuss on this issue, they have stressed the need of press legislation and the enactment of the press law, this paper argues that China should learn from foreign experience, based on the actual situation at home and abroad, to suspend the development of public information at this stage Act.Article is divided into four chapters:Chapter I: The conception of judicial independence and an overview of public opinion. In this section, it's to clarify the independence of the judiciary, the meaning of public opinion. Introduce the characteristics of the independence of the judiciary, and an analysis about the value of the emphasis the independence of the judiciary and the approaches of the public opinions to the judicial supervision.Chapter II: The public opinion carries on surveillance's necessity and the feasibility to the judicature. This part unified the Chinese judicature present situation and the system as well as the public opinion has carried on surveillance's necessity and the feasibility to the judicial surveillance's goal analysis public opinion to the judicatureChapter III: Jurisdiction independence and supervision of public opinion's conflict and origin and harm. This part after the conclusion of the performance of the conflicts between the independence of the judiciary and public opinion, it's a multi-angle, multi-level analysis about the reasons of the independence of the judiciary and the public opinion . Finally the concrete study jurisdiction independence and the supervision of public opinion conflict's harm.Chapter IV: the relationship between judicial independence and the balance of public opinion. This is a key part of the article. First introduced the practice of foreign countries and its reference to China. And then analyzed from various aspects of China at this stage should not praise the reasons for the development of the press law . Finally, draw on the basis of domestic and international experience, combined with the basic national conditions of China put forward at this stage of the judicial independence and the conflict in the balance of public opinion.