By The Influence Of Public Opinion On Chinese Judicature

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.Public opinion is the objective existence; it contains plain sense of justice and sense of general application. With the enhancement of public legal awareness and rights awareness as well as the rapid development of mass media, public opinion may become involved in the administration of justice. Public opinion in some cases leads to a fair verdict; meanwhile, it also triggers a controversy whether public opinion should be taken into account in judicial practice. Ignoring the national and political situation as well as the impact of traditional culture, and being indisregard of public opinion proves unwise. Pointing to the same target, administration of justice and public opinion should not be antagonistic, but be mutually reinforcing. The law which is in line with public opinion is worth being trusted and abided by; the verdict which reflects public opinion will be well accepted. Public opinion itself is not sufficient to interfere with administration of justice, only that absorbed in power factors can influence the sentencing activities. The administration of justice referring to public opinion is caused by its independence, therefore causes the public opinion through the reasonable procedure to involve the judicature legally limitedly, has the necessity extremely.This article structure divides into five parts:The first part, carries on the explanation to the public opinion and the judicature. To the public opinion from its etymology, the connotation, with the related concept's discrimination, the classification, forms, expression, characteristic and so on carries on the macroscopic outline. To judicature's concept, the characteristic and its essence carry on showing, emphasizing judicature's essence is realizing the public opinion. The second part, carries on the historical inspection to the public opinion influencing judicature. Ancient magistrate with oversawing judicature especially paid attention to the public opinion in the trial process, the modern judicature model "the Ma xi wu trial ways" manifests the importance of the public opinion in the judicial process, the modern age along with the development of media of network and so on, the public opinion has played the judicial surveillance's role.The third part, has analyzed the interaction of the public opinion and judicature.The public opinion affects the judicature, the judicature is also guiding the public opinion. The fourth part, explains the effect of the public opinion influencing judicature from the pro and con aspects. Analyze the reasons of the public opinion influencing judicature negatively. The fifth part, integrating with the reality, has made several suggestions to the restructure of benign relation between the public opinion and judicial.