On The Relation Between Surpervision By Public Opinion And Judicial Independence

Supervision by public opinion refers to the public through a certain form to express their views and suggestions, inspect and supervise the activities of the implementation of the organizations and individuals involved in public affairs. The right of public opinion supervision is the embodiment of the citizens right to information and the freedom of expression. The public has the right to supervise the social affairs, the operation of state power. Judicial power is one of national public power, supervision by public opinion plays a big role in promoting judicial impartiality and preventing judicial corruption through supervising the operation of judicial power. Supervision by public opinion is consistent with the judicial independence in promoting the social justice. They should be harmonious. However, the judicial independence means that the judicial power must operate in a independent environment, reject any interventions which is illegal. The difference of the position and start point between supervision by public opinion and independence of judiciary caused possibility of conflict among them. In China, due to the imperfections of public opinion and judicial system, coupled with the network, and supervision by public opinion in the form of complex and changeable, and other reasons, so that the phenomenon of supervision by public opinion and judicial independence conflict have occurred. The reasonable boundaries of supervision by public opinion and judicial independence has not yet been established. This article has three parts, discussing the relationship between supervision by public opinion and the judicial independence. Part one interpreted the concept of supervision by public opinion and the judicial independence, clarified the difference between news supervision and supervision by public opinion, the former is only one form of the later. In our country, the independence of judiciary does not contains the independence of judge, merely points the independence of the people’s court trial. And pointed out the coordinated relationship between supervision by public opinion and the judicial independence: supervision by public opinion is valid, and is consistent with the judicial independence in promoting the social justice. Part two discoursed the conflict of them, discussed the reason of the conflict by analysising the difference between them and the imperfect of the system of supervision and judicial. Part three based on our country’s conditions, offered the proposal which coordinate the relation between supervision by public media and independence of judiciary:realizes optimum interaction and promotes the construction of democracy and nomocratic society through to keep doing practice and theoretical study.