Analysis Of The Relationship Between Justice And Public Opinion

In the current Chinese society, between judicial and the public opinion tension already highlighted, this without doubt enormous influence judicature effect and were the populace to the judicial belief, how handling matters legally, conform to under the procedure just premise, enabled the public opinion to be able to enter the department execution ground territory through a smoother channel, and obtained a populace better appraisal and the consideration, Promotes the decision the acceptability and the legal order democratic value, as well as how manifests morality and justice in the entity and the user friendly color, even more approaches in fairly just, how can cause between the public opinion and the judicature becomes the benign interaction relations, attempts found the best conjunction spot in the professional principle and in the democracy conflict. This article first to the judicature, the public opinion and fair and so on the correlation concepts and the characteristic has carried on the brief explanation, Next (stress social contract discussed) from the law philosophy the angle has carried on the discussion to judicial and the public opinion relations background, and has analyzed the public opinion intervention judicature rationality .Elaborated judicial and the public opinion reciprocity with affects mutually, in handles matters legally, conforms to under the procedure just premise, enables the public opinion to be able to enter the department execution ground territory through a smoother channel, And obtains a populace better appraisal and the consideration, promotes the decision the acceptability and the legal order democratic value, as well as how manifests morality and justice in the entity and the user friendly color, even more approaches in fairly just, how found the best conjunction spot in the professional principle and in the democracy conflict. Then has explained American Court to the public opinion processing and regarding this reconsidering, the teacher yi special skill yi the hope can as solve this problem take the system; to have the model.Meets down, elaborated solution way and the ponder and the search judicial and the public opinion contradiction which finally attaches to it for instance may use the benefit weight the method to determine the value orientation, judge should be vigilant;the public opinion; the intervention judicature, should have the enough legal rationality, resistance public opinion moral demand, the judicature want to understand correctly own role localization judicature must guide the public opinion to prohibit correctly obeys, the establishment public opinion and the judicial benignity interaction right way blindly, when concrete operation must pay attention to judge the referee not to be able to be far away the public opinion, The law does not have to make excessive demands the public opinion;objectively fair; and so on the questions, and facilitates judicial diligently the independence. Finally the ponder and the search judicature and the public opinion relations in-depth which finally attaches to the two relations pondered that, expected can solve the good judicial system and the actual operation question and enhances the legislation the affinity then establishment to the legal system belief, true realization fair just.