The Legitimate Research On The Judical Response To The Public Opinion

In recent years, the rule of law in China has made great achievements,and the legalsystem of socialism has been initially established.With the pace of the rule of law movingforward, the public awareness of the rule of law in China has been improving, lots ofpeople are paying more and more attention to the judicial activities with the increaingcontradiction with the administration of justice. While,the judical authorities are really in adilemma when it comes to dealing with the case,especially in the hot and wide-spread case,the phenomenon is even more obvious that the judical authorities are always affected by thepublic opinoin,which aroused extensive debate. For a time, in the face of public opinion,whether the judical authorities should respond to public opinion, as well as the extent,whichneed our continuing exploration.This article talk about the the legitimacy of judicialresponse to public opinion from the above point of view,mainly discusses the theoreticallevel of the judicial response to public opinion, and mechanisms for building theirharmonious relationship on how to respond to public opinion is slightly involved.The first chapter focuses on the concept of public opinion and the debate between thejudicial and public opinion. First of all, it has defined the public opinion from its etymologyand features,.At the same time,in this part it has also depicted the real background throughthe exploration about their debate in order to master some ideas about their relationship.The second chapter analyzes the theoretical basis of judicial response to public opinion.It mainly depicts the theory of judicial response to public opinion from these aspects,whichincludes China’s traditional legal culture, the background of democracy and the rule of law,the debate between supervision by public opinion and judicial independence, the differentvalue pursuit of public rationality and rational judicial profession.The third chapter briefly sets forth realistic basis of judicial response to the public opinion, from the law of our country constitution, law and institution inorder to give giveinstructions and support.The fourth chapter mainly talks about the solution on how to solve their tensesituation.This part firstly addresses the relevant principles which we should pay attention towhen the judicial response to public opinion, and then puts forward some relevantsuggestions.