Public Opinion Into The Justice By The Jurisprudence Thinking

Public opinion is formed by popular will, on behalf of the will of the majority people, justice system should also listen to public opinion. Social contract theory, as a theory to be our cognition, it is the social structure and mode of operation of a reflection and speculation. Modern western social public opinion research originated from Rousseau’s" the social contract". With the occupation of the judicial system, the conflict between public opinion and judicial become intensely. Justice should not only absorb the public opinion polls, and eliminate the improper interference, this situation caused judicial dilemma. Judicial occupation, judicial reform is to serve the purpose of the people, out of public good legal system is the water without a source, without this wood. In China, the public opinion and the moral reason together, and the judicial system is mainly from the western law transplantation, people’s thinking logic and judicial logic difference. The opinion that the judicial system to assume more social task, even political task, and justice has its own limitations, justice can’t achieve people wishes. Public opinion on judicial, has positive and negative effects. The opinion of the positive significance for the rule of law in public concern enthusiasm, which is consistent with the socialist concept of rule of law, it conforms to the judicial reform direction and to promote the construction of socialist harmonious society. The opinion of the negative effects on conflict of judicial procedure, effect of judicial authority and efficiency, this will hinder, delay in the construction of socialist rule of law.The democratic theory of respect of public opinion is a basic idea, today, in some more developed social democratic politics, public opinion actually play a basic role of social public life. Bringing public opinion into judicial practice is a tradition of western.it runs through the whole western legal civilization. As early as in ancient Greece Athens, civil jury court appeared, known as" Harry angstrom". In ancient Rome also appeared similar to the jury court, its role is devoted to the trial of criminal cases. The jury system in China and the establishment of the system of excellent system needs to draw lessons from the west, while considering the Chinese society current situation, can reasonably reflect the public opinion to promote justice. Our judicial system has its own particularity and historical mission, on one hand, the target of judicial reform is to establish a fair, honest, professional and occupation of the court system, through its independent judicial activities for community service. On the other hand, the people’s Court of public opinion and judicial process requires the active use of Judicial Activism" active service overall situation, service people, social life, do justice for the people. We should understand and use of Judicial Activism", respect of judicial law and realistic national conditions, adhere to the activism and restraint combination, to distinguish between different situations, it is somewhat do not be somewhat. The judicial system proper system design is the important way of public opinion and judicial relations. The proper system design can safeguard the independence of the judiciary, the simultaneous detection of popular legitimacy, also may through the system design of the channel smoothly into the judicial trial. The judiciary and judicial workers must be good at the value of integration and the value of equity. Judicial workers must pay attention to overcome the bias value, and continuously meet the people’s increasingly rich legal demand. Justice in understanding the social parties interests basis, science guiding public opinion, seek the integration of social interests of all the way. Public opinion and media should be from different perspectives and side understanding of justice, reasonable supervision by public opinion, rational evaluation and acceptance of justice, for justice and healthy development to create a good cultural and public opinion environment.