Sin And Non-crime: Public Opinion, Local Knowledge And Legal Trust Crisis

In recent years,it is certain that judicial public opinion events had been continuing without end.However,it is should reinforce the point that,the discussion about the judicial public opinion events neglected the essential fact that the event is the superficial characteristics of the trust of law,in other words,what the public saw in the judgement left their with a profound distrust of the administration of justice.The current theory of the trust of law put the deficiency of the trust of law for Chinese down to the the characteristics of the Chinese.The current theory of the trust of law hold that the deficiency of generalized trust and the rule of law for Chinese is the principal cause of the trust crisis of the legal system.When the theory was applying to the practical matter of the judicial public opinion events,the theory not had the explanatory power.Therefore,a return of the research to the legal system is indispensable for the judicatory practice.The article follows Giddens' analysis framework of the abstract system trust theory and reinterprets "why people would have mistrust of result of sentence".Based on the analysis of the cases of Xu Ting and Zhao Yu,it is found that the establishment and maintenance mechanism of legal trust provides a possibility for the outbreak of legal trust crisis.And that the simulated-deskilled being fundamental characteristic of legal knowledge is the primary cause of the perceptibility of the law.The mechanism of the establishment and maintaining of a legal trust is that the public uses common sense and experience to judging result of sentence,especially involving "crime and non-crime" and "light sentence and heavy sentences".That the result of the result of sentence conflicting with the local knowledge was held by the public is the substantive reason for the outbreak of the legal trust crisis.In particular,the judicial judgment results deviating from the public's value consensus is fundamental cause of the erupting of the legal trust crisis.Based on the above judgments,rethinking the current theory of legal trust has positive effects for cultivating legal trust.In the judicial public opinion incident,the crisis of legal trust is caused by the "law" itself,and it is the result of the conflict between the judicial judgment and the values held by the people.Therefore,it is not feasible that the current theory of legal trust advocating the mode of the authority.That is to say,the co-operate model is a viable path.In the mode of the co-operate,the judicial system should not evade the basical pursuing of the value was concealing by the public opinion.And it is necessary for cultivating legal trust that we should rethinking the current view of the legal practitioner.