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Theory Justice Under Public Opinion

Posted on:2017-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:W RenFull Text:PDF
GTID:2296330488459125Subject:Law
Abstract/Summary:PDF Full Text Request
Technology fills the weaknesses and defects inherent in traditional media,the information spreading rapidly in this age, community is no only the message recipient of unilateral,but also a producer and disseminator of information. For the attention of the judicial case, public comment on tmany channels and platforms. Whether those views are right or wrong, society’s collective attention let the force of public opinion had to be taken into account and attention, even obedience. Sometimes,it may be just ordinary cases in the legal sense, but through intentional or unintentional hype,spreading,which has evolved into a social sensation caused by event. Public opinion should be represented by the values of mainstream society and mores, people like to stand in the fight against the strong and help the weak position to maintenance "Justice of the weak". Judicial cases, especially in criminal cases, once there is a large gap in the social class, wealth or income of the parties, public opinion would probably tend to be overwhelmingly sympathetic and support the "weaker", attacked "alpha". Voices of denunciation on some newspapers and networks directly prior to the trial court made a verdict, When the court does not match what people actually do and expect decisions, questioning the judicial fairness and the integrity of the voice began to break out. The judges had come under pressureof public opinion prior to the trial, therefore we will see public opinion "kidnapped" the shadow of justice.Of course, supervision by public opinion as an important form of legal supervision in the modern society,which has an indelible positive role for the demands of administering justice,because it improves transparency of justice and effective to curb judicial corruption. However, it is easy to form the tyranny of the majority because of too much democracy. If the judges only listen to the views of the public in the administration of Justice, which is equivalent to the public suspects a private trial. Such consequences destroying our concept of rule of law, judicial independence and authority,which seriously hampered the construction of rule of law in China. In this article the author uses "Li" as an example, the parties arising out of the operations of public events in case investigation, the public prosecution to the end in the trial and other proceedings. We will explore the influence of public opinion in regard to the administration of Justice in a society ruled by law. Looking for the balance in the social justice required by public opinion and the administration of justice followed by equity, to really play the forward value public opinion regarding the administration of Justice.
Keywords/Search Tags:Li’s case, Public opinion, Judicial judgment, The course of justice, Independence of the judiciary
PDF Full Text Request
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