The Influence Of Public Opinion On Judicial Adjudication

The impact of public opinion on judicial adjudication can be divided into two aspects:on the one hand the positive impact on judicial adjudication, to promote judicial independence and judicial impartiality; the other hand, the negative factors to judicial adjudication, that is, excessive supervise of public opinion will interfere independence of the judiciary.The positive impact of judicial adjudication, there are two factors:the first, the conflict of civilians and the power elite to promote the independence of the judiciary; the second,the supervision of the public opinion to advance judicial justice. They are how to play an active role in promoting judicial adjudication? In the first case, the justice needs independence, however, in China’s social environment, the stratum of power elite intervene judicial in usual,the conflict of civilian and the stratum of power elite can monitor and suppress use of power in certain extent, make the person of excessive use feel the pressure of public opinion in psychologically, feel the fear from the consequences of abusing power to interfere the judicial, and condemnation will be subjected, and thus keep balance. In the second case, proper supervision of the public opinion to judicial adjudication make justice operating usually under the supervision of the public, the public hate the corruption of judiciary, once discovering the phenomenon of judicial corruption, is certain to suffer strongly criticized, the judiciary and judicial staff will produce a psychological pressure under the influence of public opinion to make trade-offs between the interests of the corruption and justice and their reputation, and thus able to play a certain extent suppression of judicial corruption.The negative impact of public opinion on judicial adjudication, there are three factors:First, the conflict between of moral and legal, the second is conflict between of the public’s naive sense of justice and the law, and the third is the conflict between the raise of the public awareness of the law level and the lack of legal knowledge, how these three aspects to have a negative impact to judicial independence? First, although there is common between legal and moral, the more specific requirements of law than the moral requirements, and the moral standards of duing to social values exist in the judges themselves innermost being, and in sharping with the conflict between the two aspects, judges will be affected to the influence of public opinion that the tendency of moral values in deciding cases, or conformming with the inner moral of judges, or does not match with the judge’s professional ethics, the effect of judges deciding cases independent will be affected. Second, public sense of justice and the law of maintenance of procedural justice when there is a conflict, the law first of all to maintain procedural justice, the impact of judges as the impact of the above-mentioned moral values. Third, since the reform and opening up, the level of law awareness of public getting higher and higher, however, people do not understand or do not know many legal provisions, when people focus on typical cases,may be trigger the judicial remarks attacks because of lack of understanding legal provisions, so it will interfere with the normal administration of justice.Since the public opinion on judicial stamp collecting positive and negative impact, then there must be a balance point between the two, to find the balance between the two side can make both to positive interaction. In fact there was an interaction between the two, the judiciary can guide public opinion a benign development, public opinion can affect judicial. Justice should not only listen but also respond to public opinion, public opinion’s various parts should also improve their own quality and make a moderate in supervising justice, build the health supervision system.