On The Public Opinion's Influence On Judge's Discretion And Coordination

In order to establish the society ruled by law, there have been variety of activities for promoting legal knowledge.In such atmosphere, people pay more attention on the legal problem. Public opinion's influence on jugde's discretion is a prominent problem. It seems that whether the exercise of judge's discretion reflects public opinion relates to justice, judicial authority and the effect of law enforcement. This paper mainly adopts illustration,citation method and induction method, first comprehensively summarizing the reality of public opinion's influence on judge's discretion to prove the importance of public opinion's influence on justice,including the leaders' attention to this,who take charge of the courts at all levels.then detailed analyzing the two sides of public opinion's influence, that are positive effects and negative effects. The positive effects mean that public opinion's influence is helpful to remedy law loophole, helpful to establish legal authority and helpful to social stability and unity. The negative effects means it violates principle of judge's independence and public opinion may be manipulated by some person. On the basis of this and referring to some practices in the relevant area in our China and other country, this paper gives some ideas establish public opinion institution and elaborate some questions about the candidates of public opinion institution,the time of performing works and economic compensation,an so on.in conformity with the national conditions to solve the problem of irregularity of public opinion's influence on justice and the negative effects. On the basis of establish favorable system, the public opinion should give full play to its advantages and enter into the judicial field the in a smooth, legal, effective, positive way.