Study On Contradiction And Adjustment Between Public Opinion And Judicial Judgement

The relationship between public opinion and judicial judgement is an important issue that modernization construction of the rule of law in China faced with.Public opinion is composed of public will,representing the will of the majority of the public in a society,and is a reflection and speculation of the society's composition and operation;However judicial judgement is the main way to achieve social justice.Public opinion hopes that the judicial judgetment will undertake more social tasks to realize public's expectation of justice and judicial justice.Judicial judgetment have their own specificity and historical missions.They must listen public opinion and respect the laws of the judiciary,and exclude the improper interference of public opinion,which leads to the inevitable conflict between public opinion and judicial judgment.This paper takes takes the case of "Yu huan" as an example,which is one of the "Top Ten Cases that Promoting the Rule of Law Process in 2017".Through the review of "Yuhuan Case" and teasing the public opinion,it analyzes the different roles played by public opinion in different stages of judicial judgetment,reappears the current "judicial ethical dilemma" of public opinion and judicial judgetment in China.It analyzes how to solve conflicts between public opinion and judicial judgetment,eases and resolves the contradiction between the two,and seeks the unity of judicial judgetment and public opinion appeals.Judicial judgetment needs to consider the social reality and judicial status in contemporary China.By exerting the positive guiding role of judicial judgetment on public opinion,it explores the balance mechanism of public opinion appeals while insisting on the independence of judicial judgetment,and realizes the benign interaction between public opinion and judicial judgetment.This paper includes four chapters.The first chapter is about the contradiction between public opinion and judicial judgetment.Taking "Yuhuan case" as an example,to analyze the contradiction relationship between the public opinion and the judicial judgetment caused by the case.Then systematically sort out the foreign research status and the domestic research status of the public opinion and judicial judgetment from the perspective of jurisprudence,and discuss how to treat and respond to public opinion from the perspective of historical developing judicial.The second chapter is to discuss the value and influence of contradiction and conflicts between public opinion and judicial judgetment.It discusses the value of public opinion on judicial judgement from the aspects of "The public opinion reflects the public's extensive attention to judicial justice","The public opinion reflects the simple justice of the people to a certain extent",and "The public opinion reflects the public opinion's supervision of the judiciary." And discuss the effect of public opinion on judicial judgetment from the two aspects of "Public opinion affects the independence of the jurisdiction and " The influence of public opinion on the authorityand credibility of the judicial judgetment.The third chapter is the legal analysis of the reasons of contradictions and conflicts between public opinion and judicial judgetment.The first part is to analyze the contradictory reasons of the simple justice of the public and the judicial procedure justice.It mainly states that the public opinion implies a simple justice,and the judicial compliance is the contradiction between procedural justice,the simple justice of the public and the judicial procedural justice.The second part is to analyze the reasons why the problems existing in judicial judgetment,it mainly states that the mechanical staleism and the judgetment results are contrary to the simple justice of the public.The fourth chapter is to discuss the contradiction and conficts adjustment between public opinion and judicial judgetment.Firstly,it demonstrates the necessity of contradictory conflict and conficts adjustment between public opinion and judicial judgetment from three aspects.First,public opinion has the right to supervise judicial judgetment.Second,disregarding public opinion is detrimental to the authority and credibility of judicial judgetment.Third,public opinion can promote judicial organs to correct errors;Then to demonstrate that how to maintain the balance between public opinion and judicial jurisdiction from three aspects.First,the public should cultivate rational rule of law thinking.Second,judicial judgement not only need to maintain independence but also respond to sensible concerns.Third,judges should get rid of machinery legalism.