Research On Voice Game In Launched The Public's Anger

Fairness and justice and judicial since ancient times are inseparable, throughout the administration of justice and human development history, from the cruel and unjustifiable to civilized and orderly, from autocracy to democracy concentration, without exception, reflects the people for judicial fairness and justice pursuit of urgent.In contrast, the current Chinese society, the transition period of social contradictions burst to the judicial fair justice realization brings many challenges, from ordinary people to experts and scholars, and deepen the reform of the judicial system of the voice heard.In view of this, the Third Plenary Session of the party clearly pointed out: "to deepen the reform of the judicial system, according to the law to ensure that the independent exercise of adjudicative and procuratorial powers, improving the judicial system of human rights, efforts to promote the construction of socialist country under the rule of law." The construction of China's rule of dreams has sounded the clarion call, as the main body of judicial courts, lawyers and the public need "strikes", the idea to implement the practice of fairness and justice.Criminal justice as an important part of the judicial system as a whole, due to its more vulnerable to public attention, accompanied by the awakening of public awareness of law anger as a form of public intervention to justice, judicial justice realization in a certain extent affected.Court, the defense lawyers and the public began in criminal cases anger spread of "field" were competing for discourse right "race", how to balance between the three discourse right conflict, to resolve the conflict between the three, has already become the focus of the media and judicial field studies.The criminal cases anger communication point of view, will be regarded as a social subject power blend of "competition", court, counsel, public three participants in the use position and advantages of its own launched fierce fight for the right to speak, construct a ternary antagonistic relationship.Game theory connotation lies in the interpretation of the competitive environment between the main power game strategy, so as to seek the realization of "equilibrium", the although the economics point of view, but it is precisely for this study provides theory and framework of the platform, used in analysis of criminal justice activities anger spread, court, counsel, public words for the right strategies, to explore judicial justice and social justice unified the paths.Through the interpretation of literature discourse right theory, combined with the analysis of the current criminal justice system, found the three competition participants have different social roles and the core competition of capital: the experience from the Supreme Court's position to change the relative independent character, but has been in a dominant position in a criminal trial lawyer as; the court and the prosecution of the balance of interests between, through the law gives it the right to defense to gain competitive capital; the public is as trial witness and supervisors, through the "voice" of public opinion and public opinion collection into effect to influence judicial activities, realize the boost of judicial justice.From the "Yao Jiaxin case," Lin Senhao "case and" Li qiang"case, such as the case of typical criminal cases, analyzes the court, counsel, public three participants in discourse power game in the process of the strategy: the court mainly rely on the legal force and the authoritative source of information control; choice of counsel from court defense to the court campaign based on" in the court of public opinion ", and strive to create public opinion" Pseudo Environment "; the public is to rely on the" opinion leaders "spread of influence and the characteristics of the alienation of the population to create public opinion whirlpool, attempt to occupy the right to speak for the highlands.In order to resolve the conflict between judicial justice and social justice, the court, lawyers, public three participants should take "limited action" to achieve the balance of the game. Legal defense in court is concerned, should respect the law, promote the trial live and expand the people's jurors retired, let the defense lawyers and the public voice response; defense lawyers shall by profession reshape the image of the justice, strengthen public opinion monitoring, to interact with people and other ways to resolve conflict with the other two participants; the public need by the media "gatekeeper" of the function and negative impact of information screening to reduce anger, and strictly in accordance with the law to exercise their right of supervision.The criminal justice environment as an organic whole, the realization of fairness and justice and social justice needs to balance the interests of multiple power subjects. This paper argues that should strive to resolve the court, counsel, public discourse between the right conflicts, reduce anger negative effects, to play the social function of supervision by public opinion of the positive energy, construction of a balance of interests of the judicial environment.