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Public Opinion And Judicial Response

Posted on:2015-08-28Degree:DoctorType:Dissertation
Country:ChinaCandidate:W LuoFull Text:PDF
GTID:1226330434456470Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the last ten years,the proliferations of major cases become the focus of public discussion. It’s not difficult to find out the Chinese judicature has significant influence from public opinion. China is in the profound changes of social,political,economic,cultural and other aspects. Rapid social development,economic development and the deviation of value orientation expand the social conflicts intensified,so that reflects to the public enthusiasm to participate in the litigation. With the advent of the era of the Internet,public opinion,especially the network public opinion plays an important role in the judicial process. In recent years,the justice would like to make decision close to the public opinion,in order to protect the remaining judicial credibility, but its efforts have not been appraised as expected, judicial authority and judicial credibility has not improved. How to understand public opinion and its contemporary characteristics of present judicial, how to grasp the characteristics and implicit information of the sensational criminal case in the past ten years,how to recognize the formation process of public opinion, how to find the root cause of litigation-related public opinion,and how the judicial organs to explore the essence of the public opinion behind factors at a professional perspective,in respect of public opinion at the same time,reasonably set the boundary to absorb public opinion,set the institutional way of ordinary people to participate in the judicial,redesign current judicial to response the sensational case institutionalized pattern,is an important topic to be studied at present.The logic and basic clues of this paper are almost according to the above question. This article is divided into seven chapters expect the introduction and conclusion.First chapter makes clear the definition of public opinion. Chapter ii regards sensational criminal cases of nearly10years as the research sample,carries out typed analysis,and summarizes its characteristics and implicit political and social information. The third chapter analyzes the formation of litigation-related public opinion with the help of diagrams,discusses the conflict of litigation-related public opinion with the interests of all parties under the current background. The fourth chapter reflects on the causes of litigation-related public opinion. The fifth chapter combines theory and practice for a long time about the response to public opinion,states whether judicial and justice shall respond to litigation-related opinion. The sixth chapter puts forward the criminal judicial strategies to response the litigation-related public opinion. Firstly introduces the basic attitude of treating litigation-related public opinion of judicial organs and the specific measures are put forward. The seventh chapter tries to think about the extension of this topic.In general,we shall appraise litigation-related public opinion. Also be attention to political and social information behind litigation-related public opinions. According to different public opinion demands inside and outside the judiciary, it should adpot different coping styles. Justice should insist on the independence of the judicature trial,effectually response the public opinion based on the systems and procedures. The ascension of the judicial authority is to alleviate the fundamental way out for public opinion and judicial conflicts. It need both judicial organ’s own efforts and the political and social information system’s guarantee of creating block for judicial interference,more need to build the social identification of the judicial authority.
Keywords/Search Tags:public opinion, judicial authority, judicial democracy
PDF Full Text Request
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