Study On The Legal Principle Of Trial By Public Opinions

In the case of “Deng Yujiao” as the breakthrough point,analyzed the interaction betweenpublic opinion and the judicial trial, and from the angle of jurisprudence to study how topromote our country’s supervision of public opinion and the judicial trial is benign andinteractive, and it is pointed out that the two key lies in respecting the benign interactionbetween the freedom of public opinion and the judicial independence, improve thesupervision of public opinion system, so that the public through legal means to enter thejudicial process for supervision and play a role. As an expression of public opinion istransferred to the reasonable demands of the judiciary through the form of media andnetwork, on the one hand, plays a positive role in supervision; on the other hand alsoshould be the public in the important consideration factors participate in theadministration of justice activities give the approval from the legislative level. Publicopinion reflects people simple view of justice, and before the judicial trial caused bypublic opinion polls may seriously affect the judicial independence and judicialauthority. Resort to the public trial involving more powerful identity, moral bottom line,vulnerable groups etc..The existence of which the complicated reasons, such as thepublic trust in the judiciary is not high, the lack of administrative supervision, thejudicial activities of the judicial reform enters phase of assault fortified position andmany restrict factors gradually improve the legal quality of the people and grass-rootsjudicial personnel does not match the legal literacy.This paper consider the pros and cons of public participation in the activities of theadministration of justice from the perspective of jurisprudence. In reality, throughscientific argumentation and rigorous exposition to explore a non-interference in anindependent judiciary activities at the same time the public opinion into the middle roadof legislative structure in a reasonable way of public opinion; judicial interventions canfill loopholes in the law, our method overcome formalism, to prevent the abuse ofjudicial power in a certain extent. Weaken the great public opinion improperintervention judicial will credibility, affect people’s belief in law. Therefore, the publicintervention judicial legal analysis for the prevention of public judgment occurs withreference. In order to prevent the occurrence of the phenomenon of public trial, the legalsystem needs legislation through the establishment of public opinion to the judicialprocedure. In improving the existing mediation system and the system of people’s jurors at the same time, the coordinated development of advance gradually, network media andjudicial activities, not only has the disadvantages of helping to change the existingjudicial trial mode, and also can effectively accelerate the legislative process of publicparticipation in judicial trial.