Conflict And Balance: The Conflicts And Balance Between Court And Public Supervision

Today, China is paying its attention to the administration of justice era, whoseessence is to call the public credibility of the judiciary of the era. The publiccredibility of the judiciary establishment need public recognition, and judicial justiceneeds good public opinion environment. But in the judicial practice, the court andpublic opinion supervision relationship are in a circle, in the face of public opinion,especially negative opinion. The court lacked good coping mechanisms, so that thecourt is in a passive place in some cases. The administration of justice, public opinionsupervision and the causes of the conflict have constitutional reasons, as well as theevaluation. What’s more important is that it still will be long before it meets the publicneed. Although the judicial and public opinion supervision conflict, public opinionalso has its own defects, but as we would see, the public opinion for justice has apositive value.The public opinion supervision is the objective need of judicialopenness, for judicial democratization process plays a promoting role, as it is in thepublic opinion supervision, to promote the judicial unification of legal effect andsocial effect. On the correct understanding and public opinion supervision based onthe relationship, the people’s court need to adopt new ideas, measures to promote therelationship between the two balance. Firstly, we need innovation of trial judice to betrusted by the public, such as understanding the party and social psychology, meeingtthe public demand for judicial justice for affinity. Secondly, it is necessary to shapethe reasonable public identity concept, realizing individual justice and overall balanceof justice, and the reasonable reunification of the content form and essence. There arethe unification of legal effect and social effect. Thirdly, we need to realize the benigninteraction with media. Moreover we should have a tolerate attituede towards tehmedia supervision, and establish the focus on the interpretation of cases with positivemedia cooperation mechanism, to set up a positive image.