Exploration Of The Approaches For Citizen’s Participation And Supervision Of Judicature

The participation and supervision of judicature for citizen, is defined as the public participate in the judicial procedure through all approach as party or third party, and supervise judicial office, officers as well as the judicial act, so that to maintain their legal rights,judicial justice and social fairness and justice. Visits complaint and supervision by public opinions are the most common and effective approach for citizens to involve and supervise judicature. As these two approaches have a big impact in judicial reform, they are now catching more and more attention from both leaders and publics. The intrinsic feature of visit complaint to adjust specific objects and resolve contradiction determines its effect in promoting the process of rule of law and improving justice status. Meanwhile, visit complaint approach also reveals some prominent problem like stuck in management system and unreasonable working mechanism. Supervision of public opinion has its own feature, like autonomy and universality, and its positive effect, includes consummate judicial construction and promote law reform. But it also has some problem with disordered operation.This article start from studying the meaning, character and law of development for both visit complaint and supervision of public opinion. Then we try to analyze the current situation and existing problems of both approaches, thus to discuss the method to solve such problems in order to innovate and develop these two approaches to come into play. Throughout the whole text, there are five parts involved.The first part is introduction, briefly introduce the background of the thesis, the purpose and importance of the study and the general content of this article.The second section states the definitions and characters of both visit complaint and supervision of public opinion. In addition, it also states their origin source and the commonness and integration of these two approaches.In the third section, we analyze the positive effects of visit complaint and supervision of public opinion and clarify the effect and performance of the two approaches. Visit complaint has a positive effect in judicial activity in that it help maintain civil rights, improve judicial process, coordinate interest relationship, promote justice, propagandize public, build harmonious society, collect public intellect, inspire participate vitality, defuse internal contradictions, safeguard public stability. The positive effect of supervision of public opinion includes consummate judicial construction, promote rule by law, strengthen public opinion guidance, boost judicial reform, supervise judicial process, facilitate judicial transparency, rectify judicial bias, remedy judicial justice, supervise judicial officers and prevent judicial corruption. Meanwhile, we explain the effect multiplication of the two approaches.The fourth part explains the current status of visit complaint and supervision of public opinion, analyze the existing problem of both issues. The paper points out that the prominent problems in visit complaint includes stuck in management system, unreasonable working mechanism, over reliance of authority, misunderstanding and big challenge in judicial offices’ authority. The existing problems for supervision of public opinion includes disorder in operation, misjudge of the government, range expanding of public opinion and misleading of media judgments. In addition, the paper explains and analyzes the negative integration problem of both issues.The fifth section gives suggestion for all the existing problems for visit complaint and supervision of public opinion. Aiming at the prominent problems, the paper put forward the suggestion that promote visit complaint according to the law, maintain order in visit complaint and supervise according to the law. At the same time, the paper presents specific thinking for improvement in visit and complaint, including reinforces law in visit complaint, promote visit complaint according to law, reorder system mechanism, establish authority in visit complaint, punish illegal visit and complaint, maintain order, reinforces origin management, improve judicial justice. The thinking in improving supervision of public opinion includes:consummate supervision of law, standard supervision of public opinion, strengthen public opinion leading, improve coping capability, abandon media judgments, return back to rational supervision, stick to the right guidance and promote harmonious win-win situation.