论司法独立与民意之间冲突及其协调-法律专业论文.docxVIP

目 目 录 摘 摘 要 5 51 PAGE PAGE 10 构建长效回应民意的机制、民意进入司法的程序规则、改革和完善人 民陪审制、落实裁判文书的法律说理制度，这不仅符合司法民主的要求， 也契合司法公正的评判标准，甚至还更有效促进法律价值的充分实现，克 服法律滞后于生活等弊端。 关键词：民意，司法独立，社会效果，法律效果 ABSTRACT Public opinion reflects the social public simple justice and universal values. Judicial independence is an important principle of rule of law, have been established by the constitution of all countries in the world. In China, combined with the reality of our country on the basis of the experience of western countries, formed with Chinese characteristics of the principle of judicial independence. Judicial independence originated from the idea of checks and balances, refer to the judicial power must be independent from the legislative and executive power, thus,in a way, the independence of the judiciary is independent of the public opinion. However, in todays China practice, along with the enhancement of public awareness of law and rights as well as the rapid development of mass media, the independence of the judiciary and the repeated occurrence of conflicting phenomenon. Public opinion and judicial thinking had departed, because public opinion is representative of the public thinking, influenced by the traditional Confucian culture, evaluation standard of judicial behavior with moral sensibility, and some public opinion in the media under the impetus for is justice, but often to vent discontent of social contradictions. Inevitably, the independence of the judiciary and public opinion began to confrontation and conflict. Undeniable,public opinion has prompted some major 7 71 PAGE PAGE 8 cases are more impartial judgment ,at the same time, the judicial organ to public opinion the referee has greatly increased the judicial credibility crisis, has stimulated the social public intervention in judicial activities of the enthusiasm. On the premise of justice, these had to let us think in judicial practice, the judicial organ shall be how to respond to public opinion, how to let the program system,