On The Tension Between Public Opinion And Judicial And Solutions

Public opinion always conflicts with judicature and this phenomenon is an objective existence while the reason is a total complex. In criminal procedure, many typical criminal cases become a hot point in mass media and draw public’s attention. From simple justness, people want to judge the case instead of judges and those opinions floods into as public opinion to ask the judges to change their minds. This is indicated in some famous cases such as Xu ting case, Yao jiaxin case, Deng Yujiao case, Sun Weiming case and Zhang Mingbao case. This dissertation researches the relations between public opinion and judicature with the method of jurisprudence.In structure, the dissertation consists of three parts:the first part is the concrete manifestation of the conflicted relations between public opinion and judicature. This part analyzes some famous criminal cases and maintains that public opinion in criminal cases is unstable. The second part is the reason why public opinion conflicts with judicature. In this part, the author maintains that the public and the judges enjoy different word system, their pursuits are different and some wrong ideas in legal practice mislead the judges. The last part is some suggestion for the solution of the tense relations between public opinion and judicature. This part criticizes some popular views that public opinion and judicature should interacted positively and maintains that the lack of judicial independence is the main reason causes the tense relations between public opinion and judicature, so the judicial organs should be open to public opinions and construct public platform to accept public supervision.