Public Opinion, Tradition And Judicial-the "Shi Jianqiao Case" Under The Modern Legal Reform

This article is based on the Shi Jianqiao case as the research object which is famous on the judicial history of Republic of China. The Shi Jianqiao case occurred in 1930 s, in this period, the media industry represented by the news industry developed at the top speed. The emergence of sensational news has become the norm, while the Shi Jianqiao case is highlighted as a great sensation of cases in the period of the Republic of China.This article reviews the Shi Jianqiao case and summarizes the revenge motivation, assassination and trial process of Shi Jianqiao. Based on the reduction of the case, the author further explores the factors of public opinion in the case, analyzing the main three forces, namely, mass media, political figures and associations. According the positions and characteristics of these three forces, this article summed up the common voice issued by public opinion: Shi Jianqiao deserved commiseration and amnesty. Public opinion has shown a strong force in the implementation of the case. A wave of higher than a wave of sound produced step by step pressure on judicial. Judicial decision was changed by the national government with a general amnesty at the last minute. Thus, we can get the answer: Shi Jianqiao case contains elements which are similar with traditional cultural and it is the reason of public opinion can have a profound impact on the formation and accumulation of justice. Shi Jianqiao’s behavior is based on the determination of her revenge objective for her father. This vengeance act is derived from filial piety and accord with filial piety idea which is praised highly by tradition culture and is the echo of the attitude to the dutiful son of traditional law with a strong sense of Chivalrous color. Therefore, Shi Jianqiao’s assassination won the people’s sympathy and praise, in the end, the direction of the case was affected.Combined the background of the case with the analysis of public opinion and traditional factors, the Shi Jianqiao case reflects the two major issues of modern legal Chinese judicial faced under the background of the reform of legal and society. The first is the boundary problem of public opinion and judicial independence. The modern revolution of law regarded judicial independence as the basic principle of the judicial system. Judicial independence trial rights belong to the court, the judge shall exercise judicial power independently. Public opinion require supervise to judicial activities, but its characteristics always conflict with judicial. This contradiction’s balance requirements of justice should abandon inconsistent attitude, guiding public opinion with a positive attitude, public opinion should be institutionalized constraints. The second is the conflict with the traditional legal reform. Legal transplantation is an important way to the development of law and is more important to China which starts modernization process in a passive way. However, the completion of the modernization of law not only depends on the level of form of legal transplantation, but also with the perspective of localization to absorb the results of transplantation, completing the great leap forward development in the concept and system level at the same time.