Legal Analysis Of Public Opinion To Participate In Judiciary With Perspective Of Democracy

Based on the major task of promoting the rule of law comprehensively and building a country ruled by law,the judicial organs in the judicial field should trial according to law strictly. But in the modern society,in which judicial democracy is increasingly advocated,more and more public opinion participates in the judiciary,and plays important role in judicial judgment. In modern judicial practice,public opinion is an important link of judicial ties with the masses.It increases the rationality and acceptabilityto a certain extentand achieves the social effect of Justice. Sopublic opinion that participating in judiciary has certain rationality.But it cannot participates in the judicial process in arbitrary and illegal way.Moreover,the correct attitude for Judiciary to public opinionshould not be completely acceptance or refusal but careful consideration and rational response. This paper aims to study the rationality and conflict of public opinion’s participation in the judiciary with perspective of democracy and in light of these problems,I will try to put forward some suggestions on building a harmonious interaction between public opinion and judiciary.The thesis was divided to five parts.The first part is introduction,putting forward that it is an unavoidable problem for public opinion participating in judiciary,and bring to the creative background and research significance. Then discussing the research status about public opinion participating in justice at home and abroad,to point out the research purposes and problems of the paper.The second part aims to elaborate the theories about democracy,public opinion and justice. Firstly,it describes the concepts of democracy and judicial democracy in detail. Secondly,it states the concept of public opinion,and introduces historical background of public opinion to participate in justice at home and abroad.The third part expound the rationality of public opinion that participating in the justice from the aspects of theory evidence and value basis. The theory evidence contain the theories of popular sovereignty,humanism and decentralization balance. The value significance include remedying legal loopholes,promoting judicial justice and protecting the basic human rights. These all provide the rational basis of publicopinionparticipating in justice.Part four discusses the conflicting between public opinion and judiciary. Firstly,it lists the conflict performance of public opinion that participating in justice by illustrating some concrete cases including the conflict of legal thinking and moral thinking,legal facts and public opinion,procedural justice and substantive justice. Then it elaborating the negative effect of the conflict by listing some concerned cases. The negative effect consist of three aspects that damaging the independence of the judiciary,the justice and the judicial authority.At last,it brieflyanalyzes the cause of the conflict.Part five is the key part of the article,it mainly discusses the harmonious interactive mechanism between public opinion and judiciary. To build a institutionalize path for public opinion participating in justice by taking the case supervision of the people’s Congress,the people’s Jury System and using the friends of the court system. Then to provide a rational way for judicial authority to deal with public opinion by establishing the mechanism of identification, guidance and assimilation of public opinion.