On The Conflict And Coordination Between Judicial And Public Opinion

In recent years, along with the increase of public opinion to touch the judicial case,the relationship between judicature and public opinion has become a hot topic in theacademic and practical circles. Justice as a main form to realize social fairness andjustice, holds just and fair presentation.The ideal of justice is to solve the social disputes in the legal process of abstraction,to reconcile the contradictory to the society, and gain public recognition. However, inour country, the fact is not true. The judicial and public opinion often produce conflict,and deepened the mistrust between the two is an indisputable fact. How to solve theconflict between judicial and public opinion, make the two coordinated development,explore unified judicial and public opinion, the public opinion and judicial suit, is themajor problem we are facing. The author is objective reality based on judicial andpublic opinion conflicts existing at present, through the analysis of the relationshipbetween judicature and public opinion, the possibility and the coordination of thejudicial and public opinion.The article is divided into four parts. The first part introduces the general theory ofjudicial and public opinion, analyses the understanding of the academic and practicalcircles, expatiates the meaning of the understanding of the judicial and public opinion.Based on the contrast of different characteristics, judicial and public opinions areobtained respectively, and pave the way for the following analysis.The second part of the article discusses the importance of public participation injustice, based on analyzing the shortcomings of the judicial formalism, expounded thepublic remedy judicial formalism. At the same time, the author thinks that the judicialpower can’t be without supervision, public opinion supervision and judicial power hasthe theory basis, but also practical needs. In addition, based on the analysis of thesocial people’s emotion and value pursuit of the public opinion, strengthen the judicialacceptability is discussed. In the third part, the author summed up the representation of the conflict of publicopinion and judicial conflicts in nowadays’ China, summed up and concluded,analyzed the conflicts between justice and public opinion from both the theory andreality aspect, and lists the adverse consequences of judicature and public opinionconflicts.In the last part, the author tries to elaborate the different efficacy of judicature andpublic opinion of their own from the concept of the law. On this basis, the author putsforward the way to coordinate the judicial and public opinion from the procedure, andput forward views to improve supervision that the public opinion onto the judicial.