The Research On The Independence Of Trial And The Supervision Of Public Opinion

With the increasing concern of the public rights consciousness and the judicial activities,the supervision of public opinion also highlight increasingly influence on judicial adjudication on the one hand,public opinion can promote the judicial activities of public corruption,curb judicial organs and their staff,to promote judicial justice.But on the other hand,because between the media supervision and judicial independence of the value conflict,public opinion supervision subject of their legal literacy is not high,the judicial system is not perfect and the news reports and a series of reasons,the supervision of public opinion also have a negative impact on judicial independence is more serious.Therefore,finding ways to build a positive interaction between them,exploring the right boundaries between them,and balancing the conflicts between the two are important issues we need to solve now.The text of the article is divided into four parts:The first part introduced the "Yu Huan Case" and analyzed the actions taken by the parties involved in the process of Yu Huan and the significance behind the behavior.Specifically,it included the public’s role in promoting the case’s commutation.The attitude in Yu Huan’s case has led to a series of reflections on how public opinion supervision affects judicial independence and how to ensure good supervision of judicial activities by public opinion.The second part analyzes the basic concepts and relationships of trial independence and public opinion supervision.On the one hand,public opinion supervision has a good promotion effect on trial independence.On the other hand,bad public opinion supervision also interferes with the independence of trial.Then it analyzes the internal unity of trial independence and public opinion supervision.Both are aimed at achieving fairness and justice and safeguarding citizens’ rights.All of them have the function of warning education.Both have unity.The third part introduces the practical conflicts faced by trial independence and public opinion supervision,and illustrates a series of problems existing between trial independence and public opinion supervision,such as media bias reports,public irrational comments,and judicial institutions’ limitations or guidance of public opinion.Then,from the perspective of public opinion and the judiciary,the specific reasons for the conflict were analyzed.The fourth part is the focus of this paper,first introduced the overseas processing take the trial independence and the supervision of public opinion relations practice,thus puts forward some proposals for the balance of judicial independence and supervision by public opinion,including the two major aspects of perfecting the mechanism of supervision by public opinion and judicial system reform.