In The Judicial Context, Public Opinion Considerations

Our country is the people's democratic dictatorship socialist country .The populace's supervises has played important role for our construction of government by law. But the judicature is one kind of special cognition activity which has strict request of procedure, but the public opinion has the inherent limitation of conflicting with judicature's characteristic, therefore, when we are advocating the populace's surveillance and construction of government by law at present , how to solution the contradictions between them, coordinate the relations between them, and make them development harmoniously become the goal that the numerous scholars are pursuing.This article mainly divides into three chapters, the first elaborated the theory basis and the essential way that the public opinion how to participate the judicature; The second chapter elaborated the disadvantages of the public opinion participating to judicature in detail; The third chapter was aimed to propose specific measures to coordinate the relations between them .This article adopted the methods of macroscopic and microscopic view, comparison and taking the examples. The first chapter not only adopted the macroscopic elaboration theoretically, but also used the microscopic analysis in the way that the public opinion how to influence judicature. The second chapter vividly discussed the positive and negative effects which bringed by the public opinion participating judicature with example. The third chapter used comparison method to coordinate the two, in order to profite from the developed country procedure. Through the comprehensive analysis, we proposed corrective measures of in improving the legislation and concrete operation process of the judicial, that straighte out the relations and make both of them develop coordinatly.The first innovation spot of this article is broking the former scholar's view that only payed their attention to the media influences to the judicature, but penetrated the view into the public opinion to the judicature'influence, because the media was only one kind of manifestation in the public opinion. The second innovation spot of this article is broking the former which only carries on relationships between the public opinion and judicature macroscopically, but in the microscopic way. In theoretical coordinating the relations between the good public opinion and judicature, which will not only advance the research of citizen's political rights, but may also advance our country's jurisdiction indelopment. In reality, it will avoid"the public opinion trial", maintain the dignity of the court, speed up the step of government's construction by law in our courtry, which are this article's mean.