A Study Of Public Opinion And Judicature Entanglement

In this paper, entangled problems between the public opinion and the judicial relations are explained and analyzed systematically in three chapters. Chapter one is the basic theory studying the public opinion and judicature entanglement. First, the concept of public opinion is analyzed, the concept of public opinion will of people is cleared. The public opinion in the field of judicature refers to the will of social people to some implied interests put forward by the court judgment. For the convenience of judicial organs identifying the public opinion scientifically, four distinct characteristics of the public opinion are summarized, i.e. collectivity, uncertainty, public interest and the soft restrains the strong. Second, the generation, development, and the evolution processes of the ancient, modern and contemporary judicial and public opinion relationship and typical cases occurred in different periods are summarized and reviewed briefly. From this, it can be seen that ruling classes in different periods could not take indifferent attitudes to the public opinion, only the valued motivation, the degree, the way, and the effects are different. It also inspires us that it is not advisable to ignore public opinion completely and follow the public opinion simply in the judicial process. Finally, the positive and negative effects of the public opinion on judicature are explained further, and the guide role of judicature on the public opinion is analyzed objectively. From the level of the nature of law, human pursuit of fairness and the current situation of judicature, the theoretical basis of the public opinion getting into the judicature, the necessity and feasibility of dealing with judicature and the public opinion are demonstrated. Chapter two is mainly studying the basic mode of contemporary public opinion and judicature entanglement. First, by observing several cases which have aroused the wide social attention in recent years, the process of the public opinion being involved in the judicature and different effects are presented. At the same time, through the empirical analysis of the above cases, the main conflicts between the public opinion and judicature are analyzed, and two main modes of the public opinion and judicature entanglements are revealed. On this basis, social roots of the Chinese public opinion and judicial entanglements are excavated from perspectives of social transformation, right consciousness of citizens and force of public faith to civil judicature, etc., so the relations between contemporary Chinese judicature and the public opinion can be treated more rationally. In chapter three, the realization of public opinion and the balance of judicature and the framework of positive interaction between both the two are mainly studied. On the question of realizing the balance of the two, study on the public opinion getting into the judicial boundary (i.e. the two red lines of judicial independence and judicial fairness) is made from the macro level firstly; and then the soft spot (i.e. how to grasp the limits of response to public opinion in the exercise of discretion) that is most easy to be manipulated by public opinion of judicature is studied on the micro aspect. On realizing the positive interaction between both the two, based on the full investigation to actual practices of the judicial authorities communicating with public opinion, institutional approach of realizing the positive interaction between public opinion and judicature is illustrated, and seven concrete systems need to be insisted, improved and innovated on realizing the positive interaction between public opinion and judicature are put forward from two aspects of public opinion getting into judicature as well as the judicial response and guidance of public opinion. In the end, the author indicates that no matter how the entangled state of public opinion and judicature will be presented in practices, both of the two is only expressed the pursuit of fairness and justice equal finality. Properly dealing with the relationship between the two can make it realize mutual promotion in constant entanglements, so as to achieve the construction goal of the modernization of the legal system as soon as possible.