Study On Dialectical Relationship Between Independent Trial And Supervision By Public Opinion In China's Process Of Rule Of Law

Since the 18th National Congress of the Communist Party of China(CPC),the construction of the rule of law in China has been progressing steadily and we have achieved remarkable results.The two basic elements—independent trial and supervision by public opinion—are a contradictory unity,which are applied to promote the construction of democracy and the rule of law.On the one hand,the benign interaction between the two is of great significance to the promotion of justice and the realization of social justice.On the other hand,the negative interaction between the two will reduce the judicial authority and undermine the judicial credibility,and even lead to harmful influence on individual justice.Therefore,it is of great theoretical and practical significance to correctly understand the relationship between independent trial and supervision by public opinion and explore the concrete solution to balance the relationship between the two.Firstly,the article discusses the basic theory of independent trial and public opinion supervision,sorts out and summarizes the theoretical issues such as the origin and meaning of independent trial and public opinion supervision.Secondly,the dialectical relationship between the independent trial and the supervision of public opinion is analyzed and summarized in detail.The author argues that the opposition of the two comes from the difference of their inner regularities and the difference between the professional and non-professional,while the unity of the two opposite contains three aspects:the unity of opposites,the unity of the political guarantee and the unity of the ultimate value pursuit.Then,after summarizing the relevant data,this thesis summarizes the interaction between independent trial and public opinion supervision by the means of empirical analysis.It is believed that the interaction between public opinion supervision and independent trial is generally well,but the existence of negative influence is contrary to the value of "trying to make people feel fair and justice in any judicial case".On the reasons for the negative situation of the interaction between the two,this paper argues although it roots in the two sides,independent trial should bear the brunt of the blame.Based on the empirical analysis,this article uses the Contradiction Analysis of Marxist philosophy and makes a philosophical consideration on balancing the dialectical relationship between the two.It holds that the dialectical relationship between the independent trial and the supervision of public opinion must adhere to the combination of "theory of two points"and " focal-point theory".The basic principle of balancing the dialectical relationship between the two is that we should rely mainly on enhancing the independent trial capacity of the people's court while making external enhancing the self-discipline and heteronomy of the supervision of public opinion;the concrete solutions includes efforts to enhance the people's court independent trial responsibility,striving to improve the people's court judgment interpretability,constantly strengthening the construction of the trial team and enhancing the construction of the self-discipline and heteronomy of the supervision of public opinion.At the same time,the people's court must implement the judicial publicity,and make good on the response and guiding to public opinion.