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The Conflict And Coordinate Between The Justice Of Jurisdiction And Supervision By Public Opinion

Posted on:2009-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:T T WangFull Text:PDF
GTID:2178360272457808Subject:Legal theory
Abstract/Summary:PDF Full Text Request
With the view of"manage state affairs according as law", judicature become more and more important. At the same time, with the increasing of the opinion of law, the public and mediums pay more attention to the situation about justice in judicature. They believe in the valid function of sticking up for justice of the society, at the same time, they worried about the vanishment of justice because of corruption in judicature. The crowds out of power want to supervise more to the judicature by their sounds. But the different sounds represent different class, different opinions and results: On the one hand, the supervision by public opinion is good to avoid corruption and peremptoriness in the field of judicature, it is also a block to the arbitrary interference by administration; On the other hand, the extreme opinions will in influence the judicature's favorable circulation because of the unilateral understanding by medium, as the result, it will waste a lot of judicial resource and it will be a long time in some difficult cases. In conclusion, it is valuable to analysis the reasons of conflict between medium supervision and justice.At the beginning of the essay, it is about the basic theories of the supervision of the public opinion and the judical justice. Both of the two have the same target, and which is possible to keep them harmonious. Today, the public opinion benefits the judicial a lot because of the defect of the judical. But we must be concerned about the dangerous tendency of"Judge of Public Opinion". The reasons of the conflict between the public opinion and judical justice including: the different concept about justice, the relativity about justice, the unsymmetry between the dissemination of information, the defect of the system of supervision to the judicial etc.In the last few years, it is seems that the level of government service hang behind compared with the high-speed of development of market economy in China. Many people lost their benefit which they have owned before, it will be lots of feeling of dissatisfied to the invalidation of society and the government. So, it is necessary to banish misunderstanding and appease the negative feelings for the aim of keep the society development steadily. Firstly, the supervision to the medium will be strengthen. Secondly, the judicature department should break the silence and communicate with the public by some appropriate way, then, the authority of law will be achieved gradually. For example: open trial, open judgment, some system to publicize information by judicature department, and the judge should answer the questions of the crowds after the judgment has been made. Besides, the special law should be drawn up to safeguard and standard the supervision of the public opinion. Make the institution of supervision to the judical better and respect the power of law and judical. As a conclusion, with the disappear of misunderstanding between the public and the judicature, the justice of society will be realize easily, and judicature will exert the best function to the safe of the society and make sure the process of the construction in China successfully.
Keywords/Search Tags:Supervision by Mediums, Justice, Independence in Judicature, Medium Trail
PDF Full Text Request
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