A Study On The Conflict And Balance Of Supervision By Public Opinion And Judicial Justice

In recent years, with the growth of citizens’ concept of law, the public has paid moreand more attention to the judicature; public supervision on judicial justice has been gettingstronger and stronger as well. As an important approach of the public to achieve the rightto know and the freedom of speech, the supervision by public opinion is also an importantway to supervise the judicature. However, as the public supervision is getting deeper to thejudicature, the conflict between them is becoming more and more evident. Therefore it isnecessary to conduct a deep study on the balance of the public supervision and thejudicature, so that we can relieve the aftermath due to the conflict.Using the methods of value analysis, literature research and compare research,starting with the analysis of the connotation of public supervision and the judicature, thispaper tries to find the conflict between supervision and judicature, which manifests in tworeplacements: the law fact is replaced by "the news fact" and the judge’s trial by the publictrial. The intensification of the conflict caused damage of the independence and theauthority of the judicature, and also restricted the development of the public supervisionitself. Researches show that the causes of the conflict of the public supervision and thejudicature lie in the difference of their nature their work mechanism. But the root cause isthe conflict among the values of the law and among the regulating categories of the law.By means of analyzing the performance and the cause of the conflict, the writer putforward some advices to balance public supervision and the judicature: first, from theview of the public supervision, we should make the principles of the public supervisingthe judicature, strengthen the building of specialization of the public supervision leader:the news media, regulate the specific acts of media supervision, and take some otheractions to ensure the judicial justice. Second, as far as the judicial organizations areconcerned, they also should actively promote the judicial independence, correctly treat thenews media, increase the transparency of judicial trials, and perfect the system of thespokesman to relieve the conflict between the public supervision and the judicatureactively.