Rule Of Law Thoughts Behind The Game Of Public Opinion And Judicature

The establishment of the rule of law thoughts in 18 th is to deepen the theory of legal consciousness of the 15 th National Congress of the Communist Party of China.In 1997, the 15 th National Congress of the Communist Party of China proposed that Governing the country by law is the basic strategy that the party leads the people to administer the country. Predictably, establishing the legal awareness is important for governing the country. People as the masters of the country, enhancing their awareness of the law is also the mission of the times. In fact, since the middle period of the eighties of the 20 th century, our country in order to improve the public awareness of the law popularization was fully provided on the agenda. But today, after 30 years of the baptism of time, the legal idea and the legal consciousness of the public still exist many problems, especially combined with the background of contemporary social transformation in China, in the judicial field, the Phenomenon that the public involved in judicial is in existence. The Phenomenon that opinion interferes with judicial actually show the game relationship between public opinion and justice. And this combined with the thought of rule of law theory in the 18 th National Congress of the Communist Party of China, and its essence is expected that the national at the level of thought have the transition from the consciousness of law to rule of law thoughts.In the phenomenon of the game between public opinion and judicial, more representative of the subject is the judge, legal scholars and the public. Especially in social hot cases, legal person and the public on the characteristics of thinking exists significant difference. First of all, the way of thinking has its own unique characteristics. In the image thinking. Their thoughts have differences in focus of attention to the case, value pursuit and the basic on judging the case. In the meantime, the legal and social public is different on the nature of thinking. the legal thinking fulled with legalism and consequentialism considerations,Combines two thinking in China along extrapolation and extrapolation referee inverse mode, the pursuit is behind the case of legal effect and social effect unified. And as a legal scholars of jurisprudence, the thinking in essence with the judge’s thinking and popular thinking, is a kind of ideal of legal thinking, and p opular thinking, in essence, is a kind of moral thinking, it reflects a kind of social concern.Secondly, By means of the legal thinking and the popular thinking appearance and essence of the research, it is found that the behind the difference is a desire for the rule of law. And the rule of law put forward different requirements to the legal person and the social public. Legal people in the pursuit of the rule of law need to adhere to the spirit of the law, and the public’s pursuit of the rule of law is to form the legal faith. At the last,Led by the national thinking about rule of law, Facing the game of the public and the administration of justice, we should establish the system of communication channels, actively public the judicial trial, strengthen th e quality of rule of law to citizen and strengthen the judicial authority.