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On The Harmonious Interaction Between Public Opinion And Justice: An Examination Of The Main Regression

Posted on:2014-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:M X GuFull Text:PDF
GTID:2266330422956849Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Trial process of cases have been going public step by step in recent years withthe popularization of internet and medium force influence as well as the deepening ofthe process of democracy and ruling of law in China. The public, with the judicialreform in particular, have come to express their comments and opinions on the casetrial process as one of the main paths of participating in social management andpolitical activities. Some cases of particular characteristics have aroused extensivediscussions among the public, which have reversely ignited judicial authority’sattention on and concerns about the public opinions and started controversial infurther on the relation between the public opinions and justice among the academia.Seeing from the superficial phenomena concludes a tension full of conflicts andcontradictions between the public opinions and the justice. However, the public aresupposed to see how the judicial authority has responded and what efforts it has beentrying to make towards the public opinions. Should the public, taking a main role inthe play, also take their own efforts they share? This paper, being a proponent of thepublic opinions, takes them as an unavoidable concern in judicial cases and animpetus of judicial reform. The key point is how the justice authority and the publicopinion look on each other. When error attitudes toward each other are redressed, theconflicts between them will be smoothly relieved. And it is also imperative to build aharmonious relation between the justice and the public opinions This paper willpresent its discussion in five parts on a perspective of returning to the thinking of themain roles of the subjects.The Preface starts with the necessity of correct understanding of the publicopinion by describing some vital cases in recent years which sparked conflictsbetween the justice and the public opinions and triggered social problems, andinitiates thinking on the way of solving the conflicts between the justice and the public opinion.Chapter One provides a fair definition on public opinions. It starts from ahistorical description on the appearance and development of public opinions,distinguishing several concepts related to public opinions and summarizing the maincharacteristics of public opinions in order to build a clear understanding on thesignification of public opinions.Chapter Two expounds public opinions’ role in justice. Firstly, conflicts betweenthe public opinions and justice in China is presented and the conditions and causes forpublic opinion appearance is summarized; it is followed by discussion on advantageand disadvantage of the public opinion with an objective of putting public opinions ontheir reserved position, the importance of which for the justice progress is furtherrecognized. Then it introduces the idea of harmonious interaction between the justiceand the public opinions before putting forth the idea of relieving and improving theconflicts between them.Chapter Three, the main part of the paper, provides a solution on the conflictsbetween the justice and the public opinions on a perspective of returning to thethinking of the main roles of the subjects. Separately, it firstly illuminates theprinciples deserved to be respect in taking the public opinions by the justice, whoenjoys the active position; secondly, it explores a most appropriate path by which thepublic opinion is involved into the judicial activities; and thirdly, it discusses on aperspective of returning to analyzing the main body of the two parties respectively.The conclusion, as it functions, is a summarization of the entire discussion. Itpresents the value and significance of the research in this paper and hopes to behelpful for the further discussion and research in this regard. It is believed that theresearch is of great practical significance on regulating and setting up a correctrecognition on public opinions between the justice and the public in this time when aconcept of socialist ruling of law is studied and practiced and the judicial reform isundergoing deepening.
Keywords/Search Tags:public opinions, justice, harmonious relation, perspective of returning
PDF Full Text Request
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