A Tentative Analysis Of The Social Opinion Influences On Judicial Adjudication

With the popularization of the network and the construction of the network platform in the past two decades,the voice of citizens has gained more attention in the context of media and new media network.The consciousness of participation and deliberation in the general public has also been greatly enhanced,which is embodied in the attention and attention to all aspects of national administrative behavior,legislation,justice,law enforcement,etc.,and put forward their own views and opinions on social networking sites.In these areas,the judicial trial is a direct referee for the personal interests of the individual,so it will attract more attention.In a society that cherishes free speech,judicial cases,especially those that cause bad effects,tend to attract public opinion as a public product.But at the same time,the negative effect of respecting the right to speak is also reflected.The public opinion is getting more and more attention to the social focus and hot spots,and the impact of online public opinion on judicial cases is increasing.In the case of the orientation of public opinion is often because of the lack of rational,and there is no certain legal responsibility,and set the impression of the individual voice,to a certain adverse impact on social stability.Nowadays,in this virtual network platform,everyone is a judge,so when the lack of rigorous logic thinking and the justice of the majority of people,will be in the wrong direction of public opinion,the tyranny of the majority of violent speech will interfere with the judicial justice,not only brings to the judicial personnel's work great thought burden and pressure,and might of the judicial system to the public's deep mistrust.The judge has higher legal knowledge and experience in judicial practice,and only by virtue of simple moral values and basic legal knowledge of the ordinary people to consider the merits of the angle,the way of thinking,judging the case standard,evidence basis are different,which results in between judicial and social public opinion often exists the gap.But this gap is not the reason for the holding of justice.Public opinion,as the carrier of public opinion,constitutes an important factor in judicial decision-making,but it should not be used as a weapon to carry out judicial trial or even above the law.A judge is the final judge who decides to fight.Therefore,he is responsible for correcting mistakes,guarding fairness and justice and sticking to the sacred belief of law.However,how to accept "justice" for the people in the eyes of the law requires not only the judge's trial skills,but also the corresponding mechanism of public opinion communication and guidance.So,judicial discretion should be fully considered in the substantial rationality factors such as social public opinion,and based on the applicable law means,so as to achieve judicial justice and appropriate decisions,rationality as the focal point of law which justice practitioners,public opinion reasonable absorb public opinion instead of bowing to public opinion.This article in recent years several typical case of strong social awareness,social public opinion on deep insight into the positive and negative impact of the judicial effect,at the same time combined with the experience of developed countries under the rule of law,discusses how to make the judicial trial in full consideration of public opinion at the same time to strengthen the improvement of judicial itself.