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Research on the Relationship Between the Supervision by Public Opinion and the Trial Independence in Contemporary China

Author: ChenJun
Tutor: XuHongXia
School: Henan University
Course: Procedural Law
Keywords: Supervision by public opinion trial independence opposition adjust
CLC: D926.2
Type: Master's thesis
Year: 2010
Downloads: 284
Quote: 2
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Abstract


Supervision by public opinion and trial independence is two of the most important factors in the modern social democracy. However, due to the differences of essential attributey still exist, plus lack of necessary regulations, it is continuously leading to unstedy in the reality.In recent years, the case of“Liu Yong”and the case of“Xu Ting”has highlighted the seriousness of the problem. Those two cases have directly endangered the judicial authority and the process of the legal construction. Therefore scholars must pay more attention to those two important factors.Frankly, how deal with the relationship between Supervision by public opinion and trial independent, and brings both factors into full play in Chinese current legal process should be the key of current Chinese research scholars. However, it is difficult to handle the relationship between two factors. As many books and documents show that some of the studies analyze independently from judge each level of the supervision by public opinion or trial independent, but not combining with each other. Thus, the effectiveness of the study is greatly reduced. Based on the analyzing of both the concept and attributes of the two factors, and link up with the current relationship in China, it reveals the main problems for the trial independence and supervision by public opinion. Meanwhile, based on the relative experiences from abroad, the author is going to provide suggestions on how to build up a model between the them. and also, make some recommendations of how to develop their relationship.This article includes the introduction, main body and conclusion. The main body consists of four parts:The first part introduces the supervision by public opinion and the basic content of trial independence which also includes the basic concept and supervision by public opinion and the characteristics of the concept of independent trial judge and the basic Chinese independent characteristics, it anayslse the relations and opposition between the supervision by public opinion and independent judgment . The second part is about current status of the supervision by public opinion and judge independent. It introduces current regulation of supervision by public opinion and the relationship between independent judgment of legislation, and linking up with the two typical case analyses on trial supervision of public opinion and also some negative aspects of the independent judgment.The third part includes the evaluation of why it causes the current situation between those two factors. Firstly, it explains how the independent judgment may affect on the supervision by public opinion: starting from the public media, through the power of the judgment. In other word, the decision made by the judge can be affected by of "higher authorities" or "superior", after that, the leader of an organization can just intervene in the case. By using this model as a logical starting point and also to link with current problems of supervision by public opinion and judge independent, this part will evaluate the reason why the issues still exist.The fourth part will adjust the relationship between the supervision by public opinion and independent judgment.Based on previous analysis of current issue between those two factors, that to seek the way and improve the relationship of supervision by public opinion and independent judgment in Chinese legal system.For example, firstly is to set up the interactive mode. Secondly, base on this model, organsistion need to perfect the relevant law and legislation as well as the construction of supporting system. Last but not least, to perfect the benign interaction between the mechanism

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CLC: > Political, legal > Legal > Chinese law > Justice system > The court
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