Research On The Conflict Between Public Opinion And Judicature And Its Solution

Based on the theory that justice comes from the people and that law is the product of public will,the relationship between public opinion and justice should be harmonious,consistent and parallel in nature.But in real life,due to the judicial personnel and the people grasp the legal knowledge level and the different way of thinking,the lack of judicial staff own quality,and people express channel is increasingly open,the lag of law itself and other internal and external factors,resulting in a number of major behind the "problem",the public opinion and judicial practices have serious conflict,how to resolve the judicial trust crisis has already become the current legal theory and practice department have to solve the practical problems.For this reason,based on the public opinion and judicial conflicts and the crack as the research key,by using theoretical analysis,comparative analys is,literature analysis,empirical analys is and other methods,from two aspects of theory and judicial practice of law,put forward the way to crack the public opinion and the judic ial conflicts and mechanism: namely in the aspect of theory in the "public will" of the law,"national spir it",social theory and other related legal philosophy theory as the instruction,emphasis on the importance of public opinion to the judicial;In practice,while insist ing on the independence of the judiciary from public opinion,we should also respond to and absorb the cognitive mechanism of reasonable public opinion.Finally,under the fundamental premise of resolving the conflict between the judiciary and public opinion,we should establish the methods and paths of upholding public participat ion in the judiciary and correctly and effectively guiding public opinion.This paper is divided into five parts.In the first part,the introduction introduces the current research status of public opinion and judicial conflict at home and abroad,as well as the research methods,innovat ion points and research signif icance of this paper.In addition to the introduction,chapter two analyzes the concept,characteristics and unity of opposites between public opinion and judicature,laying a theoretical foundation for resolving the conflict between public opinion and judicature.Chapter three analyzes the internal and external causes of the conflict between the expression of public opinion and the administration of justice behind judicial cases in real life,and seeks for a new approach and breakthrough to solve the conflict between public opinion and the administration of justice.In chapter four,from the perspective of comparative law,the jury system in common law countries and the trial system in civil law countries can be used for reference to solve the conflicts between public opinion and justice in China.In the fifth chapter,based on the legal philosophy of "general will","nat ional spir it" and "legal society",the author concludes the ways and mechanisms to resolve the conflicts between public opinion and judicature.The research of this paper enriches and develops the jurisprudence thinking of the relat ionship between public opinion and judicature,which has certain theoretical and practical signif icance for resolving the conflict between public opinion and judicature in China.