A Study On The Mechanism Of Public Opinion In The Process Of Judicature

With the development of society, science and technology, the concept of law, people now are not only aware of their own voices, but also showed more attention to the expression of their thoughts. We have strong desires to participate the judicial process and public opinion supervision shows more important rules in judicial process. They make deep progress in our legal system, but they also make some problems. In the current society, the relationship between public opinion and justice has become more and more serious, which affects the judicial authority and judicial credibility. This shows we have problems of the response of justice and reflects wills of people involving in the judicial process. The expression of public opinion is a good starting point, but in reality, the mechanism for communication can not be ignored. The problems of mechanism for communication bring trust crisis to judicial authority, make enormous press to judge, even could cause the confront between people and justice. Public opinion needs expressing, and the judge should respond quickly, so they can become effective communication mechanism.Under the premise of procedural justice, how to guide public opinion entering the judicial field, improve the acceptability and social identity, guide the public opinion expression into legal system, build a good interactive communication process of justice and public opinion are the purpose of this article. They have important significances to maintain social stability, judicial justice and judicial authority. Based on the concept of public opinion, combined with pieces, subjectivity and moral ethical, not mandatory, explained the meaning which can strengthen the judicial supervision, enhance the acceptability of occupation, fill the legal doctrine and public communication. Then it analyzes problems. Firstly, the channel is not smooth, reflected in a single channel, fewer platforms, and some useless expression; jury system becomes a mere formality, including without trial and not doing their jobs, and being failed to truly play its oversight role; and irrational expression appears because of lacking of the right to speak and irrational expression enables the public easily satisfied. Secondly, this article describes the plight, including the typical pattern, as well as lacking of initiative. Thirdly, it tells about conflicts, describing the performance and the reasons. In the end tells about making perfect ways of communication, such as "amicus curiae" system and the auditing system.Response to public opinion is not simple for or against it, but needs to eliminate the irrational opinion, in accord with the premise of procedural justice, using reasoning skills and dialectical thoughts, based on the existing systems and procedures. And consummate justice response needs opening, enhancing the referee said reasons. From establishing and perfecting the public opinion system, neutrality to the media, and standardizing freedom of discretion norms to build the balance of public opinion and justice.Firstly, introducing the concept of public opinion and characteristics, explaining the significance of public opinion to justice, and analyzing the relationship between public opinion and justice. Secondly, making a deep analysis on the public opinion communication process, which shows an obstructed way, the plight of justice response to public opinion, and conflicts. Then ways to improve public communication, which include the design, the respond and the balance. Finally, summarizing the full text, we should keep a proper distance, in order to maintain the independence of the justice and judicial authority. Although there are tensions, but we can still achieve a balance because the fundamental purpose of them is the same, which is in order to protect the rights of all citizens, to achieve social justice.Based on the problems of public opinion communication mechanism, the way of public communication mechanism, trying to find the balance between public opinion and justice. But during the trial process, the balance of public opinion and justice is not only the article described, many problems need further study.