The Collision And Fusion Study On The Public Consciousness And Jurisdiction

In a time when the public rights and legal consciousness is up surging, confronting the surging public consciousness, the jurisdiction practice frequently does not know how to response. As to whether the public consciousness can interpose the jurisdiction and how it interposes the jurisdiction, the discussions among academic and practice are very warm. The appropriate solution of this problem relates to the respect to the civil right and maintenance of jurisdiction authority, and further relates to the democratic jurisdiction and scientific regime control. It is extremely necessary to study at the confliction and fusion between public consciousness and jurisdiction, probe into the institutionalizing approach regarding to the response of jurisdiction to public consciousness.Institutionalizing means the approach and method used to study will not limited to the explanation or arrangement to single or single type case but induct the complicated interactions between public consciousness and jurisdiction by certain manner and with certain standard based on the deeper basic and higher mind to seek to form a prior guiding sense in the mind regarding whether and how the jurisdiction response to the public consciousness.Public consciousness is the internal inclination of the public within certain scope and guided by the recognized values to the specific event, and ordinarily displays to some supporting or objecting activities. The reasons such as the insufficient implementation of the judging-by-law by jurisdiction, the injustice of single case generated by the inborn defect of law, the misunderstanding of the public to the judge procedures for the complication and specialism and the privacy and opaque of the judge procedures may lead to the emergence of public consciousness. Public consciousness has the characters of self-generation, indeterminacy, lead-able and relatively determination, such characters decide that the prudence when the public consciousness approach into the jurisdiction. Through the analysis of the positive and negative affection from the public consciousness to the jurisdiction and the value of the jurisdiction response, together with the regulation of the judging procedures, it could be found the legitimacy of the public consciousness approaching into the jurisdiction. The jurisdiction needs to response the public consciousness, however, such response shall comply with the limitation from both the procedure and entity laws, besides the binding of legal principle, the response shall be conducted through due procedure and according to the institutionalizing procedure.The fusion of procedure and entity is the essential requirement of the criminal legislation and jurisdiction. On the one hand, such fusion assures the judgment to confirm to the composed element and legal effect, on the other hand, the independent value of the procedure can remit the unfamiliar of the public with the procedure, foundation and independent value of the judgment and response to the appeal to the judgment.