Discussing Of The Conflict And Balance Between Judicial Independence And Supervision By Public Opinion

Judicial justice is able to independently exercise, which determines a country’srule of law and the rule of law level, at the same time, decides the justice of a societycan be demonstrated substantial. A series of hot events that happened in recent years,public attention and influence on judicial case is as one falls. Public opinion inpromoting judicial progress at the same time, also inevitably and the independence ofthe judiciary in conflict, so the "media trial","public trial","public opinion sentence"walk in the mass media words often make judicial dilemma. Supervision by publicopinion and judicial independence as a long-term study of law and journalism topic,enduring.It is undeniable that, during the period of social transition at present, judicialpower inevitably affected by many factors, including public opinion. The authorthinks, the realization of judicial power completely meaning independent judicialpublic opinion, from kidnappings, news report the way of rule of law, it is to deal withthe public opinion have a negative impact on the judicial remedy.In the first part, it’ll talking about the meaning of judicial independence andsupervision by public opinion. In the second part, it’ll analysing that the reasons oftheir conflict through the cases. In the third part, comes the current lack of domesticlegal supervision of public opinion, as well as foreign in the treatment of judicialindependence and supervision of public opinion conflict approach, combined with myactual situation, put forward some countermeasures. This paper from the perspectiveof law and the perspective of journalism, conflict analysis of judicial power and themedia supervision at present, based on the basic situation of our country, conditionalon foreign experience, put forward the feasible suggestions for the construction ofjudicial independence in our country and the news of the rule of law.