The Relationship Between Theory Of Public Opinion And The Judicial

With the development of construction of the rule by law in China,public awareness of the law is constantly enhanced, people pay muchmore attention to judicial cases.Many of the problems related to thejustice begin to appear,.Not just only the theorists of law but also thelawyers, all the people pay their attention to the problems. In judicialpractice,many cases have attracted the attention of people, forexample Xu Ting case and Ling Chang kui case in Yunnan Province,etc.The facts of the cases, the process of the judgments and theresults ofthe casea all touch peoples nerve.Through the analysis of thecontro-versial cases in recent years,I find that there is a complicatedrelationship between judicial practice and some other influence fromthe people。It also cause certain influence on the judicial practice，Generally,we call factor public opinion.the reason why has such acomplex associated with the judicial practice,the author believes thereare two reasons: First, with the development of citizens legalawareness, they set up the instinct to focus on judicial cases; Thesecond reason, in recent years the Chinese government emphasis moreand more on peoples livelihood, ask the Peoples Court to meet thejudicial needs of the people maximizely, This policy of Chinesegovernment reflects the idea of combination of national public opinionand judicial practice.It’s very hard work to Clarify the definition of public opinion,furthermore,the public opinion changes fast and there may be idea thatcan’t stand for the real public opinion, so the problem the judicialpractice can not avoid is how to deal with the relationship betweenpublic opinion and judicial decisions.On the one hand, the Chinese government asks the court to paymore attention to the protection of peoples livelihood. Firmly grasp the social conditions and public opinion, fully understanding of publicopinion. Make The peoples aspirations and expectations as the basisconsideration of the project of judicial practice of the Peoples Court.On the other hand, The administration of justice shall be done with thetrial by law, the court should exercise their functions and powersaccording to law and independent trial, it must be free from theinfluence of external factors. When the two factors conflict, how to dealwith the contradictions, to balance the law and the acceptability ofthe judicial decision., which is the urgent problem of the current judicialpractice in China.In this paper, the author leads to the theme of this article“Therelationship between public opinion and judicial”by the analysis ofcontroversial cases in the judicial practice. Also, the author proofs thatthe two factors should establish a coordinated relationship byAnalysis of positive and negative effects of public opinion on justice. Atlast, Justice should be receptive to public opinion by legal way, andavoid improper interference of the public opinion to the administrationof justice.