Discussion Of The Conflict And Balance Between Supervision By Public Opinion And Judicial Independence

In the idea of the modern law-governing soceity, judicial independence and supervision by public opinion are always intertwined with each other. The former requires "independence" and the latter "supervision", which leads to the problems arisen from their connection.With the development of democracy and rule of law, the construction of Chinese society governed by law is increasingly highly demanded. Law-governing society asks for national laws that can be applied in social life more thoroughly and straightforward, and the judiciary takes a significant role in here, in which regard, it is indispensable to set higher demands on judicial independence in order to promote the building of a better socialist country under the rule of law. At the same time, people's voices for judicial supervision become stronger and stronger, resulted from the fact that with the fast development of modern news media and in the coming era of informationization, digitalization and networking communication, people are much more dependent on mass media when obtaining information and excising supervising power. Becasuse the public supervising system is constantly improving, the way people act to exercise their supervising power more diverse, the depth supervised deeper and that the range being supervised in the field of judiciary activities becomes wider, judicial authority when exercising their power unconsciously rejects public opinion to some degree and that may cause the conflict in the trial between supervision by public opinion and independence of trial and decision to be more problematic and intense.The author in the paper by introducing the concept of judicial independence and of supervision by public opinion, especially their development in China, intends to analyze the crucial reasons of the conflict between the two, and furthermore by learning how western countries deal with the conflict and by looking at China's current situation of legislation as well as practical judicial activities, discusses how to make a balance between judicial independence and supervision by public opinion in the trial practice.