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On the Public Opinion’s Influence on Judge’s Discretion and Coordination

Author: WangShuJing
Tutor: LiuGuangHua
School: Lanzhou University
Course: Legal
Keywords: Public opinion Discretion of the Judge The course of justice Trial by Jury Representative body
CLC: D926.2
Type: Master's thesis
Year: 2011
Downloads: 105
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Abstract

A variety of publicity and work in the establishment of the rule of law society today , very impressive . Is in such an atmosphere , the people on the judicial aspects of the problem of increasing concern , the public opinion of the judges in the judicial field discretion problems are more prominent . The exercise of the judge 's discretion whether to reflect public opinion related to the impartiality of the judiciary seems to affect the authority of the judiciary and the implementation effect . This paper Exemplification citation method , inductive method and other methods , the first comprehensive summary of the impact of public opinion on the judicial field judge discretion , including to the Supreme Court on down to the grassroots courts and other department heads this problem very seriously . Public opinion to prove the importance of judicial impact . Secondly , the two sides of the impact of public opinion , that positive affect and negative affect for detailed analysis. Positive impact to make up for loopholes in the law , to help establish a judicial authority , is conducive to social stability and unity , the negative impact of the principle of independence of the violation of the trial judge , public opinion conducive to some , etc. , with the two sides of the analysis , so that thereafter the proposed system build more targeted. On this basis , the reference to our current and some countries of the world in practices related fields , put forward the idea of the institutions of the establishment of the court of public opinion in line with China's national conditions , and the court of public opinion agency appointments, perform work time , funding for compensation the issues elaborated , in the hope to solve the opinion not normative and judicial influence negative impact problems. Can give full play to its advantages reasonable premise to establish a good system , let public opinion , public opinion ultimately through a smooth , legitimate , effective , positive way to import the field of justice .

On the Public Opinion’s Influence on Judge’s Discretion and Coordination

Abstract

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