Study On The Public Opinion On Judgment

Public opinion on judgment refers to the influential and comparatively concentrated opinion or intention expressed by the public on disposal of cases based on mass media. Public opinion has an impact on, or even plays a leading role in the administration of justice, which is inevitable and realistic in modern society. It can not be simply interpreted as popular opinion, and its existence will not necessarily affect judicial independence or judicial fairness. On the contrary, given legal guidance, it will develop into an important means of judicial supervision, thus promoting the realization of an open, equal and fair trail. Therefore, we shall analyze and explain public opinion systematically from the perspective of jurisprudence, find out its relation with judicial fairness, and further identify, guide and respond in accordance with the spirit of rule by law, which not only has certain theoretical significance, but also has great practical significance in cultivating Chinese citizen's legal sense, idea of democracy and sense of personal rights and promoting the unity of legal and social effects of judicial decision.According to the view of jurisprudence and Deng Xiaoping's socialist theory with Chinese characteristics, this paper carries out a systematic and in-depth analysis on the connotation, characteristics, value, theoretical foundation, present situation and cause of public opinion as well as the referential experiences and idea of its regulation, and puts forward some creative views by combining value analysis with empirical analysis, theoretical analysis with practical analysis.This paper consists of five parts:The first part is the definition of public opinion. It firstly explains the Jurisprudence connotation of public opinion, and then analyze its characteristics. Meanwhile, its relations with public voice, media and popular opinion are explained through comparison, revealing that public opinion is superior in system to other "similar public opinions". The second part is composed of the value and theoretical foundation of public opinion. By combining value analysis with empirical analysis, this part firstly reveals that public opinion carries the goal value of promoting social democracy and freedom and of ensuring judicial fairness, and then expounds and proves the theoretical foundation of its emergence and existence from four aspects, which are popular sovereignty, guarantee of human rights, judicial fairness and the Marxist theory of knowledge.The third part refers to the reasons and impact for the emergence and existence of public opinion on judgment. By way of the reasons for the emergence and existence of public opinion on judgment analysis, this part points out the functions of public opinion in both positive and negative aspects by analyzing its present situation.The fourth part analyzes the experiences of the regulation of public opinion. It focuses on the experiences of common law countries and regions as well as civil law countries and regions, and generally evaluates the regulation of public opinion overseas.The fifth part refers to the legal guidance of public opinion. Based on China's national situation, it proposes necessary regulatory measures for the expression of public opinions by properly locating public opinion and correctly identifying, guiding and responding, so as to construct a completed system for the expression of public opinions and a judicial supervision system, and to promote citizens'right of free speech and supervision.