Study On The Relationship Between Public Opinion And Judicial Independence

In modern Legal society,the essence of law instituted by the our government is the concentrated reflection of people’s will on the standardization and institutionalization, the judicial practice of the judge in accordance with the law to resolve the dispute is the process of implementation of public opinion. Therefore, the public opinion and the judicial referee are unified in ideal state, but in real life, the tension between the judicial and public opinion has been highlighted, public opinion has become an important factor affecting the justice of the case.As are unique way of the social supervision, public opinion is playing an increasing important role, and it is a unique kind of opinion and view held by public. Justice is the legal practice in a certain social environment, it is bound to face various public evaluation, and influenced by the public opinion. So the public opinion can not be avoided as long as judicial independence is concerned, the relationship between them has become an important object of research, which plays a vital role in theory value and practical significance. How to solve the conflict between the public opinion and the judicial independence, to mitigate and even eliminate the contradiction, to coordinate judicial justice with the Justice of public-this is a problem we will have to face up to in the process of the construction of legal Modernization of our country.This paper is divided into six parts.Apart from introduction and conclusion, the main contents are as follows:In the first chapter, the theory and relationship between public opinion and judicial independence are introduced. It expounds public opinion and the judicial independence in theory, including the concept, the characteristics, the relationship and the connotation between the two and their relationship, which pave the way for the following analysis. Judicial independence, with the development of the modern legal system,is gradually becoming a fundamental principle recognised by various countries in the world.By analyzing the connotation and characteristics of both, It acually can be seen the areas may be in conflict.In the second chapter, the relationship between extraterritorial public opinion and judicial independence is analyzed.Firstly It analyzed the current situation of the extraterritorial foreign theory and practice, secondly is the author’s point of view and the enlightenment. In fact, many public opinion and judicial relations articles, did not involve the exploration in this area. However, foreign countries in regard of this are to start from the media point of view, which may also be our reference that is easy to be ignored. Because the forming process of public opinion is often limited to media report, regardless it is from the media or the network news media. So the author refers to the related research, firstly analyzing the situation and the process of establishment of judicial independence in each country, on the basis of these, then analyzing the way to deal with the relationship between public opinion and judicature by other countries. A detailed analysis of this will help us gain a reasonable reference. Because only by understanding a country’s social and legal background, can we more fully understand the ways adopted by these countries, from the time the "The climate does not suit one". The author selected the UK and American judicial independence which are better, have a look at the international trend is inevitable, makes our rule of law into line with the international society.In the third chapter, our country’s situation of the relationship between public opinion and judicial independence, and its existing problems and the reasons. After studying extraterritorial public opinion and judicial independence relations, we must compare our differences with other countries, so in this part, the author mainly studies the relationship with our countries. The beginning is mainly through the "Xu Ting case" analysis of the case, because the process is relatively long, public concern has continued, so from the development of this case, we can clearly and directly see where we did well and the insufficiently in this aspect, so that we can make the most suitable choice according to their own national conditions.In The fourth chapter, the construction of a harmonious relationship between public opinion and judicial independence. Theory is always to serve the practice, on the basis of above analysis and comparison, the author in this part mainly put forward the principles that we must uphold and the way that are spcific and oprational to handle the relationship of the two in the present China. Through investigating the reality of our country, the author thinks that our most important task is to realize the judicial independence, because of the influence of traditional culture, the degree of our country judicial independence at present is not very optimistic,the prerequisite of playing an initial role for judicial office is that we are equipped with abilities and conditions, so I suggest more.So more attention should be paid on the independence of the judiciary. When these measures are gradually imroved, in fact, we will find that public opinion is not as "terrible" as we imagined, as long as our judicial is in constant progress, rational analysis and reference to the public opinion are not contradictory.