| This is a highly developed media, is also a public participation in judicial passionextreme expansion era. In the past five years," Yao "," Tianjin Xu Yunhe " case,"Luzhou mistress inheritance " case," Nie Shubin case"...... The verdict wasannounced, the network voice of the people will complain, public opinion is morecause a shocking commotion: say judicial injustice, and decision theory have maoni.If everyone represents justice, each sentence is full of truth, we Baotuan captured thesocial moral landslide of the Bastille had general peace reigns over the land.The enthusiasm of the other side, that is crazy, crazy itself with irrational label.Public affairs such as the marketplace of ideas free debate, is the most primitive of theclassical democracy, representative democracy prevailed in the current society for many years, quickly displays unsuitability to the public debate mode: emerge as thetimes require judicial trust crisis, has become China’s largest fetters into the countryunder the rule of law in socialist modernization, also increased factors of socialinstability in some extent.Judicial trust belongs to the public credibility of the judiciary part of judicialpower: highlight of the public power credit, and cognition of the judicial decision ofpublic trust, the two linkage, operation structure of judicial credibility. Research onjudicial trust crisis attribution, apparently from two aspects of public power and thepublic awareness of credit. However, between the two is not the isolated existence,tension of justice in judicial activities, the preservation of the public trust of all, publicperception and in spirit level to jurisprudence, reflect the deep significance andjudicial activities, media publicity to the judicial activity, as a lever connection andbalance both ends.The combination of empirical research on some cases, had a raise a Babel ofcriticism of the " Tianjin Xu Yunhe " case in the court of second instance upheld,issued by the authoritative chain of evidence shows that Xu Yunhe indeed hit WangXiuzhi, the fact is not such as early as whirling propaganda;" Yao " in the case of Yaowas sentenced to death, the public. To the satisfaction of all, when we think back tohumanity, why should the carnival killed our kind?" Luzhou mistress inheritance "case, the judge against the general principle of " mistress ", dismissed the plaintiffrecover heritage litigation request, the law applicable to the public be overjoyed, butthe Chinese type judgments or a "reasonable " than " jurisprudence".Great cause of public opinion and the judicial activities fall, a certain degree thatthe media has long been selective reports on judicial activities publicity, but also cannot be the judicial trust crisis and the public cognitive dissonance due to media guide,some typical cases in the judicial activity itself also has the deficiency: Nie ShubinHebei " Nie Shubin " in the case of first instance in only the confession of the accused,the lack of evidence, procedure of serious illegal cases in1995was sentenced to theimmediate execution of death penalty, the verdict to personnel, after twelve years, andthe murderer arrested nearly ten years Nie Shubin still grievance to snow. But the judicial trust crisis and public attribution of cognitive dissonance in themedia responsibility, judicial activities of oversight will also enhance public belief inlaw. According to the political philosophy of Dworkin’s theory of legal protection, cannot do the judicial system of the rights of citizens, citizens will have no obligation togive his faith loyal to it, this is the judicial activity itself should bear theresponsibility.The collective behavior patterns as a starting point, it analyzes the mediabehavior mode, the judicial authorities and the public, will build a benign judicialtrust and public perception system research, practical significance to return to thetopic: to drive the judicial trust Chinese practice, but also for the media specificationhas guiding significance. |
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