A Study On Judicial Response To Public Opinion

Since the foundation of the People Republic of China, especially after the reform and opening up, the cause of rules of law have made tremendous progress through the unremitting efforts of several generations, and the initial establishment of the socialist legal system with Chinese characteristics has been made. The pace of the rule of law continues to move forward, and the awareness of the law is also significantly improved among the public, for judicial activities have been paid unprecedented attention. Simultaneously, China is undergoing a critical period of reform and development.The problems and contradictions gradually accumulated in the process of social transformation appear, causing a lot of difficult, complex, and new cases. All of a sudden, surge of the survey floods to the field of justice, influencing and challenging the authority of the judiciary continuously, and the collision with justice frequently occurs.Facing the public opinion, what should judiciary do? Whether should they turn a blind eye and take an evasive attitude to the public opinion or should they advocate that the justice ought to conform to the public opinion and show the maximum respect, or that the judiciary should also absorb and guide public opinion reasonably? In this paper, we support the third attitude, which is the justice should make response public opinion.We advocate that we should make rational absorption and guidance to public opinion while insisting on the regularity of judicial, so that we can achieve the unification of legal and social effects. Basing on the theoretical background, in this essay, we intents to make analysis from the judicial point of view and put forward our own views and opinions on the construction of justice mechanisms, of which can make responses to public opinion, considering the sort of conceptual analysis of public opinion, justice and public relations mode, current situations and the causes of such issues.The first chapter is a general overview of the public opinion in the field of justice. Firstly, we analyze the role and status of public opinion in ancient China and western countries history.Considering current social environment and legal environment, we define the concept of public opinion in this article. Secondly, we introduce several major features of public opinion and make the necessary classification.The second chapter describes the selection of mode which judicial responses to public opinion and its basis. For theorists, there exists three main theories of justice and public opinion relations, which are judicial is independent to the public opinion, judicial advocates the opinion and judicial responses to the opinion. After rational analysis of these three theories, in this essay, we hold the opinion that the judicial should response and we demonstrate the relative rationality of this theory from the theoretical and practical foundations.In the third chapter, we discuss the problems in the response of public opinion in our country and analyze their causes. By sorting current situation of the response, we can find the problem and analyze the causes of the problem, so that we can achieve targeted countermeasures below.In the fourth chapter, we present the countermeasures and suggestions for improving the response to public opinion in China, including improving judicial mechanisms to obtain public opinion, making classification to public opinions and making responses to them in different ways, and improving the mechanism which judicial guides opinions and making responses to opinions utilizing skills and specifications.