The Consideration Of Public Opinion In Judicial Adjudication

The tension between public opinion and judiciary has become increasingly prominent in a series of social hot cases.The influence of public opinion on judicial adjudication can not be ignored.It not only affects the conviction and sentencing but also affects the system construction,which is mainly indirectly realized through the intervention of political power.Public opinion and judicial adjudication have both consistency and difference,and it is legitimate for judicial adjudication to take the public opinion into consideration.Judicial adjudication can be divided into two major aspects: fact finding and legal appraisal.Legal appraisal can take the public opinion into consideration while fact finding can not.The public opinion,as an illustrative reason for judicial adjudication and an auxiliary basis for conventional cases,can help the public understand the judgement better.In unconventional cases,public opinion can even become the operation basis to justify the normative basis of the judicial adjudication.Based on the standardization of public opinion,judicial adjudication should consider social public opinion by institutional way.Under this premise,we can provide the institutional path for the judiciary to consider social public opinion through the system design of procedural and substantive,and to realize the positive interaction between judicial adjudication and the public opinion.