Explore The Relationship Between Justice And Public Opinion

Public opinion is a reflection of the public psychological,while Judicature is a law practice.The Judicature must consider the public psychological,becase it were used in general Society. Public opinion is an important aspect of which effected the law practice.So the relationship between public opinion and Judicature is an important field of legal research.,which have very important academic values and social meanings.It has so many connection with judicial independence and Judicature Professionalism that have been disscussed in our law circle. In current Chinese society the contradictory relationship between public opinion and Judicature is very conspicuous.In some legal case the public was hot blooded and Judicature is in the awkward position. Public opinion is a reflection of the public psychological,is has some characteristics of itself.At the same time be used as a procedure norm, the stricto and generalized concept of Judicature coexisted. How to examine and assert the conception of Judicature and public opinion? How to recognize the relationship between public opinion and Judicature? How to analyze the result of the relationship? How to search a new path for public opinion and Judicature?All these problems has become urgent to solve.For our countye has profound traditional cultural origins and its legal systems foundation are unsubstantial,we should hold the prudent attitude to proces the relationship between public opinion and Judicature in the research.Around the core questions the paper divided into three parts:The first part is first chapter of the paper.The objective of this part is define the conception of public opinion and analyze.At first,the author discusses the conception and characterization of public opinion. on the basis of comparison.Then the author summarize the historical development of Judicature conception, analyze the characterization of analyze. In this part the author adopts the research method of vertical comparison and horizontal comparison to understand the contradictory relationship between public opinion and Judicature more deeply.The second part is second chapter of the paper. This paper introduces the development situation of the relationship in Chinese Ancient and western society. At the same time the author analyze concrete manifestation of the contradictory relationship between public opinion and judicature. On this base, theoretical research and implemental issueshave has been discussed elementally.The theoretical reasons including the difference of value pursuit,the variance of thinking Mode,the contradiction between power and right,the confliction of conception of goal.Then the practical reasons including there is a lack of jury system,the judicial corruption and the docking between traditional culture and legal transplantation. In this part the author adopts the research method of dialectical analysis.The third part is third chapter of the paper. This section mainly uses the method of theory with practice, the previous analysis based on the reality of judicial and public coordination of reconstruction of the path. First, the coordination of reconstruction of the judicial and public opinion theory direction, in this based on the specific measures, including respect for the jury the authority through legislation to strengthen judicial independence and a series of specific measures such as. Finally, the author pointed out that the judicial and public opinion is the expression of unity in the pursuit of social justice, the essence of both is very similar.