涉诉舆论的面相与本相:十大经典案例分析

涉诉舆论反映的是大众思维,特别专注于当事人身份信息的对立性,与司法思维发生偏离。涉诉舆论针对的虽然是司法,但发泄的往往是对于社会问题的不满情绪。司法顺从舆论的判决极大地加剧了司法公信力的危机,也势必激发舆论干预司法的热情。基于舆论压力而对法官的处理,增添了法官命运的随机性与偶然性,并因而引导法官将公平让位于摆平。法院应对舆论做法,虽无现实意义,但却深刻地反映了法院面对舆论压迫的艰难处境。

Surface and Essence of the Public Opinion Concerning Lawsuits-An analysis on ten typical cases

Public opinion involving lawsuits reflects popular thinking ,which especially focuses on the antagonism of the parties’ identity information and strays from judicial thinking. Although public opinion involving lawsuits is directed at justice, usually it is an emotional outburst of social problems. Judgments in reverence to public opinion aggravate the crisis of the credibility of the judiciary greatly, and will probably inspire the public opinion to intervene to justice, Handling with judges on the base of pressure from public opinion will increase the randomness and chances of judges’ fates and urges them to try to fix matters up regardless of equality. The fact is ofless realistic significance, but reflects the difficult situation where courts face the pressure from public opinion.