Legal Analysis Of Public Opinion To Intervene In Judicial

Present, along with economic and social development, the rule of law in China isalso progress in the development process also produced a lot of factors of disharmony,tensions between public opinion and judicial slowly highlights, especially with themicrobloggingblog and other emerging network platform development, therelationship between the two has become particularly prominent, which willundoubtedly greatly weakened the credibility of the justice, affecting people’s faith inlaw。Tensions between public opinion and judicial slowly highlights, especially with thedevelopment of emerging network platform microblogging, blog, etc., the relationship betweenthe two has become particularly prominent, which will undoubtedly greatly weakened thecredibility of the justice, and influence peoplefaith in the law. Therefore, to reduce the negativeimpact of public opinion on justice for the public to intervene in judicial and legal analysis hasimportant。This paper focuses on China’s social reality and judicial status, standing jurisprudenceheight, combining theory and practice, the principle, to clarify the relationship between publicopinion and justice, to explore the mechanism of public opinion and judicial integrationbetween public opinion and judicialsystem construction, the operation of the proceduralmechanism to achieve communication and coordination of public opinion and judicial，Publicopinion through the proper legal way to enter into the process of functioning of the judiciary, sothe public can control the scope of activities to legitimize the expression of public opinion andjustify to the positive interaction between public opinion and judicial, so that public opinion intheplay a more active role in society.The contents of this article the following four aspects:The first part of public opinion and judicial overview。In order to achieve thelegitimate public opinion on judicial intervention must first analyze the basic conceptsof public opinion and judicial, which is the prerequisite and basis. In this section, thefirst full analysis of the ancient Chinese and foreign public opinion explained, and putforward their own views of public opinion, then the characteristics of public opinion,combined with the article described the nature of public opinion, the last publicopinion and judicial relationship.The second part is the meaning of public opinion to intervene in judicial and type.Public opinion the type of interference with the judicial exposition of the currentdomestic and foreign scholars rarely even have at least mentioned, is the meaning proposed by the author based on their analysis and classification. In this section, thefirst analysis of the type of public opinion to intervene in judicial and public opinionto intervene in judicial type, then according to different classification criteria.The third part is the pros and cons of public opinion to intervene in judicialanalysis. The second part shows the public opinion to intervene in judicial includesnot only the proper intervention of the public administration of justice including theimproper intervention of the public administration of justice and public opinion tointervene in judicial both advantages and disadvantages. In this section, analysis ofpublic opinion to intervene in judicial benefits to make up laws to overcome the lackof judicial formalism, three, and the drawbacks of public opinion to intervene injudicial independence of the judiciary, to the detriment of judicial authority.The fourth part is the control of public opinion to intervene in judicial law. Thepreceding analysis of some of the basic theory of public opinion to intervene injudicial, but our ultimate goal is to achieve the harmonious path obtained through theanalysis of the basic theory of public opinion and judicial, this part is also the mostimportant part of the article. In this section, the first legal control of the generalprinciples of law, the main rule of law, supremacy of law, the four principles of theindependence of the judiciary. Then the legal control of the program design: publicopinion survey collection system, absorb mechanisms of public opinion and publicopinion to ease mechanism. Finally, the specific path of legal control, includingimproving people’s jury system, sentencing standardized reform.