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Law Review. 2014, (04) Core

Criticism of “Resolving Trial by Public Opinions through Remolding Judicial Authority”Chinese Full Text

LIU Yanpeng;FENG Yujun;

Abstract: For public opinion during the judiciary,some scholars think that we should use judicial authority to solve this problems. However,this opinion is not right. In fact,it blurs the factors which affect the case and the factors which affect the authority. In experience,it overestimated the American justice,which is not that strong,and it ignores the procedures function,which absorbs the public opinion. In theoretical justification,it reverses the cause and effect of authority and public opinion. To solve the problem of public opinion,we should not use authority,on the contrary,to rebuild the authority,we need explore the path of public’s recognition.
Keywords：

Judicial Authority; Public Trial; Judicial Independence;

  • DOI：

    10.13415/j.cnki.fxpl.2014.04.007

  • Series：

  • Subject：

  • Classification Code：

    D926.2

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