The Conflict And Balance Of Supervision By Public Opinion And Judicial Independence In China

Civilization of the contemporary society of freedom of opinion and an independent judiciary are indispensable,but in practice,the conflict between the two often occur.Public opinion to their own development and to meet the needs of the public’s right to know the frequently reported judicial casesjudicial supervision also continue to increase,violations of the independence of the judiciary,to the judge handling the case has caused a lot of pressure;thus,judicial supervision of public opinion seems passive and exclusion.In order to fully play the role of public opinion and judicial independence,the balance between the two conflicts is very necessary for public opinion and the judiciary has important theoretical significance and application value.The article is divided into five parts,respectively,discussed the conflict of supervision by public opinion and the independence of the judiciary,causes of conflict,to balance both the necessity,feasibility and concrete measures.As follows:First chapter discusses two aspects of the exclusion of the public opinion of both status and conflict.Infringement of judicial independence from supervision by public opinion and the judiciary.Chapter from their respective industries require different information asymmetry,the judiciary is not independent of the three aspects of the reasons for the supervision by public opinion and judicial independence conflict.Chapter start from two point of view of public opinion and judicial discusses the need for balance between the two conflict First,public opinion,their own development needs,the need to promote the independence of the judiciary,explain the circumstances of the two even in the event of violent conflict can not occur neglected.The fourth chapter,the consistent value of the pursuit and experience of dealing with supervision by public opinion and judicial independence,the balance between the two is feasible.The final chapter is mainly the previous chapters discussed on the basis of national circumstances,from the perspective of two public opinion and legal entry point,put forward the recommendations of the points balance of supervision by public opinion and judicial independence conflict,in order to be able to make two full play to their role conflict can be reduced to a minimum.