Trial Practice In Public Opinion Considerations And Impartial Pursuit

In judicial practice, how to effectively consider public opinion, to avoid ignoring public opinion caused by the presence of touch with reality, eliminating judicial aloof, superior, cold, to avoid justice is public opinion, public opinion about the phenomenon back in the political front, train people belief in the rule of law, every person must face a legal matter. This paper attempts to the concept of public opinion, composition, impact of the trial, the need to consider public opinion, consider the principle of public opinion, consider the four aspects of the mechanism of public opinion starting to complete the trial practice considerations and public opinion in the pursuit of justice writing.This article begins with a detailed public opinion analysis, analytical point of view is divided into three, namely, the main expression of public opinion, expression and expression of public opinion the way the platform. In addition, also on the public opinion process from the perspective of whether the rule of law, with or without reasonable point of view, is a true expression of the degree of classification, and the impact of public opinion on a judicial investigation. This effect is divided into historical research related to our country and the most recent decades the study of public opinion in two ways. These studies is to clarify the main idea of public opinion, public opinion can have a relatively clear understanding.The second part of this article is mainly about the relationship between considerations of justice, public opinion and in theory, if we want to pursuit of justice, itself should be excluded from public opinion, but specific to my trial of the popular will, the appropriate status is precisely in order to pursue the considerations of justice, public opinion and the demand for justice is a result of relations and fruit, or it can also be said that the demand for justice is the guiding principle of public opinion. Considerations of public opinion to public opinion and is not on the temporary aggrieved, but in order to truly understand people's voices, justice will be integrated into the public justice, and the sun harmony, do justice.In judicial practice, both considered public, but also to the public shackling, so as to listen to public opinion, while both the basic dignity to uphold the law, maintain a realistic sense of justice, but also do not isolated from society, not touch with society, not the people are tired. Considers the public opinion principle to emphasize legally judge when faces the public opinion, the public opinion about, is not integrated the public opinion in the legal scope, carries on the consideration according to the legal proceeding.The strict public opinion scope principle, the attention consideration public opinion case is only restricted in decides after deliberation the power big case freely, this is the law stability and the predictability request; The maintenance opens the principle highly, is the sunlight judicature, the fair judicial inevitably request; The consideration public opinion deference activity principle, emphasized the display judicature the subjective initiative, satisfies the populace to the fair demand.Under the direction of the four principles, by seeking public opinion considered road, ultimately, against the wishes of the working mechanism of thought and the pursuit of justice. First, build public opinion formation mechanism, the assumption that public opinion on the formation mechanism of Justice has sufficient tolerance is necessary for the legal community and academics were sufficient support to justice. Second, establish a variety of approaches to public opinion and public opinion existing considerations for more than a platform for the network of public opinion, public opinion network has its own advantages, but there are also a lot of deficiencies, and therefore needs to be built multiple platforms to considerations of public opinion, methods and specific response to general response. Considerations of justice system also includes 3 categories of public opinion, such as, for example, in the course of the trial, the jury system; the emphasis on judgment decisions, strengthening the reasoning from magistrates' perspective, persuade parties; and throughout the trial, the trial of an open system, so that people truly understand the trial process.