The Impact Of Public Opinion On The Administration Of Justice In China

In modern society, under the rule of law, the law is essentially a concentrated expression of public opinion standardization and institutionalization. Judge the results of the referee is the opinion of the legislation set in accordance with the law, therefore, should state the public opinion and the administration of justice should be uniform. However, in real life, we see that the tension between the judicial and public opinion has been prominent, public opinion has become an important factor to affect the case the administration of justice. Public opinion supervision as a social force, in a sense to promote a fair judge of the Court. Respect public opinion, to face up to its presence and influence, contribute to the judgment of a wider range of legitimate rationalization of support. Although the administration of justice can not exclude the influence of public opinion, itself has an independent and neutral characteristics, but also makes the administration of justice can not be completely irrational evaluation of public opinion as a guide. This paper aims to establish and improve the system by drawing on advanced foreign experience, seek the path of positive interaction between public opinion and the administration of justice, and ultimately to achieve the unity of the legal and social effects on the basis of the analysis of public opinion a negative impact on the administration of justice reasons.The first part, introducing the relationship between the current situation of our public opinion and the administration of justice. Through the analysis of of Li Changkui cases, leads to the status quo of the current of public opinion affect the administration of justice, the judiciary are often in the awkward position of public opinion siege, the invisible pressure of public opinion affect the independent judgment of the Court.The second part,the first comb of the public administration of justice process, learned that public opinion is an objective reality, public opinion on the administration of justice can not be avoided. Secondly, elaborate on the positive role of public opinion affect judicial, specifically, can make up for the loopholes of the legal norms and career judge; supervision and abuse of judicial power, to enhance the credibility of justice; to strengthen the judicial acceptability, establish judicial authority; restricting the power factor of judicial interference, to promote the independence of the judiciary. Also pointed out that public opinion of negative impact on the administration of justice is also spread, if too much emphasis on public opinion, may hinder the impact of judicial independence, endanger the course of justice, it will impact the judicial authority. This last from the perspective of history, body awareness, legislative and judicial detailed analysis of the reasons of the public opinion of negative impact on the administration of justice, pointing out that public opinion should not be over-involved in the judicial field, in order to protect the independence of the judiciary.The third part, drawing on the American jury system, the friend of the court system and the German mixed-court system in the coordination of the advanced experience of the relationship of public opinion and the administration of justice, under the actual conditions and the status of the premise to construct suitable for China’s public opinion and judicial interactive relationship of the referee, that is, first of all, adhere to legislation to reflect public opinion of the greatest degree, reducing judicial pressure; Second, judicial and public opinion, the power to maintain a certain distance; Finally, the administration of justice to be rational neutral look at public opinion, should guide public opinion.The fourth part proposing to construct measures of positive interaction between public opinion and the administration of justice. Receptive to public opinion at the legislative level, a sound public opinion demands of expression mechanism; uphold the independence of the judiciary at the judicial level, and cultivate the faith of the people of the law, improve the people’s jury system suited to the condition, smooth flow of public opinion and judicial channels of communication; public opinion in the social norms measures of the system, and clear public opinion demands of expression mechanism, making public opinion in a control range of activities, through the indirect conversion and guide public opinion, to achieve the coordination of public opinion and the administration of justice, to achieve social fairness and justice.