| Since its formation, public opinion has a huge influence. Public opinion not onlycould change people’s minds, but also could promote the generation of revolution,leading to social change. Today, due to the widespread of free speech, public opinionis emerge in endlessly and play an indispensible role in society life and the field ofjustice.The field of judicial has been attracted more public opinion, because the trial ofthese cases not only would concerned by the stakeholders, but would attracted manypeople who does not have a direct interest with the specific cases as well. Publicconcerned about the case, then express their standpoints and these opinions is thefundamental to formed the public opinion. Public opinion in many cases will affectthe trial of the case, public put pressure on the courts and judge. In this situation,many judges afraid to refuse the public opinion, so they will make compromises topublic opinions. Consequently, the court of justice is the social public opinionintervention, its independence by the challenges of public opinion, and graduallylosing ground. However, public opinion is a representative of the freedom ofexpression, it is a right guaranteed by the Constitution Law. On the other hand, theindependence of Court’s judicial is guaranteed by the Constitution Law either. So thisis a dilemma in this situation. The author believes that effective and reasonable way tosolve this contradiction is necessary. If left the influence by social public opinion tothe court trial, the independence of the courts will be completely collapse. If blindly tosuppress public opinion, it could lead to serious problem about the freedom of publicspeech, and the public would have more discontent and resistance. On the contrary,handle this controversy effetely and get these two sides have a good relationship. Itwould have good influence for both rights such as guarantee the right of freedom ofspeech and the court would have trial independence. Thus it is essential for us to dealwith social public opinion and court, I will be based on the center analyzed anddiscussed. First of all, this paper will list the cases leads to the theme. In recent years, wecan see that there are many social cases, these cases affect the hearts of many citizensand attracted a lot of concerned. People tend to give their opinions for these cases, andtheir common standpoint will form a strong public opinion, and then influence thejudgment of the court. The paper put these specific cases at first in order to let usknow the fact that public opinion already influences court trial.Furthermore, the paper will give a brief overview for the public opinion andjudicial independence. In this part the author not only introduces the public opinion,media and their features, and analysis the relationship of public opinion and freedomof expression, as well as the relative concept of judicial independence and legislativeprovisions for judicial independence.Moreover, the article analyses the relationship between public opinion and theindependent judgment from positive and negative sides. We all know that every coinhas two sides. The public opinion not only challenges the independence of judicial,but also would supervision the function of courts’ work. It is able to give moreprotection to the fairness of judicial trial. To analyses these relationship in order tofind the essential problem and purposes some targeted suggestion in the lastparagraph.Finally, the paper put forward some countermeasures to handle the relationshipbetween public opinion and trial court. In order to guarantee both rights from theConstitution Law, the author gives some reasonable method to solve the contradiction,and promote the development of both sides, and this is the creative part of this paper.From the author’s perspective, in order to ensure the independence of court would notbe restrict the public opinion, these two concepts are not natural enemies, and weshould look forward positively, and then find a real way to solve the contradictionbetween them. |
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