The Conflict And Balance Between Public Opinion Supervision And Judicial Justice In China

In the information age,the method and way for people to get news are increasing.At the same time,with the progress of the consciousness of democracy and the rule of law,people are more and more willing to participate in the discussion of judicial cases.More and more attention is paid to the protection and relief of judicial rights,the collective voice of public opinion,the formation of strong public opinion force,and the public opinion coerce the judicature.The phenomenon will happen and impact on judicial independence.But public opinion supervision of judicial cases has its important social value.Public opinion supervision will prevent abuse of judicial power,protect citizens' right to participate in the judiciary and promote the process of democracy and rule of law.In this social sense,it is particularly important to balance the conflict between the supervision of public opinion and the justice of the judiciary and establish the balance mechanism of the two,so that the two sides can work together for the construction of the rule of law in China.From a number of disciplines,such as law,journalism,communication,ethics,and political science,this article uses a historical,comparative and empirical method to demonstrate the conflict and balance between the supervision of public opinion and judicial justice in China,and through a large number of cases analysis,it makes its argument more reasonable.The article begins with the introduction of the relevant concepts of public opinion supervision and judicial justice,and discusses the theoretical basis of public opinion supervision and justice from three aspects of judicial openness,freedom of speech,and social function of the media.Secondly,it analyzes the conflict between public opinion supervision and judicial justice,and puts forward the social phenomenon of "media trial",and the concrete conflict shows four aspects of judicial independence,procedural justice,substantive justice and judicial authority.Then,it analyzes the causes of the conflicts between the two,and analyzes them from two aspects: the value and the inherent attributes.Thirdly,it discusses the necessity and possibility of public opinion supervision to promote judicial justice from two perspectives: necessity and possibility.Finally,on the basis of balance of interests,objective and fair,and the balance principle of reporting according to law,this paper studies the establishment of the balance mechanism of the two parties from the two aspects of publicopinion and law,so that the public opinion can effectively supervise the judicature and promote the realization of judicial justice.