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The Research and Treatment of Public Opinion in Judicial Process

Author: CaiMingChun
Tutor: PangLing
School: Suzhou University
Course: Legal
Keywords: public opinion justice influence treatment
CLC: D926
Type: Master's thesis
Year: 2012
Downloads: 26
Quote: 0
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Abstract


In general view, the law that represents the public opinion is enacted by democratic procedure in democracy society. On the other hand, as a professional authority, judicial department should made the judgment according to law and the public opinion. Based on this logic understanding, administration of justice and public opinion should not be antagonistic, but be mutually reinforcing. However, it is not the truth, some cases manifest the tensity between public opinion and judicial judgements. The justice faces the dilemmatic situation. It triggers a controversy whether public opinion should be taken into account in judicial practice.This thesis explains the public opinion and analyzes the birth and the characteristics of public opinion. Ignoring the social situation and basic theory of public opinion and judicial judgements, the thesis discusses the relationship between them. After answering the question that whether public opinion can or should influence the justice, the thesis elaborates the solution way. The public opinion should through the legislation procedure to involve the judicature legally limitedly, has the necessity extremely. And the judicial judgements should treat public opinion rationally. Then the relations between the public opinion and justice would develop harmoniously.

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