为什么公正的判决会被公众指责为不公

Why A Just Decision Would Be Regarded Unjust by the Public

之所以会出现公正的判决被公众指责为不公的情况,其根本原因在于法律世界与生活世界认知模式迥然有异。这种差异表现在事实认知、法律认知和法律判断形成上。大众传媒出于某种认知偏好,往往会对司法裁判的信息进行选择和重构,此后再公之于众。这种选择和重构在某种程度上妨碍了全面客观地反映司法裁判,加剧了公正的判决被公众指责为不公的情况。要减少此类现象,必须引导公众以正确的方式理解司法裁判。而这种引导既是法院的责任,也是大众传媒的责任。

The reason why a just decision would be regarded as being unjust by the public critically lies in the different cognitive model between the legal world and the living world. The differences in cognitive model can appear in how to understand the fact, how to understand the law and how to format a legal judgement. Because of certain cognitive preference, publie media often tells the public only a part of the information of judicial decision after certain selection or reconstruction of the information of judicial decision. So the selection or reconstruction to a degree sets an obstacle in reporting judicial decision completely and objectively and partly results in the phenomenon of ＂a just decision was regarded as being unjust by the public critically＂. In order to reduce the phenomenon, the basic approach is to instruct the public to understand judicial deeision in a proper manner. It should be manifested： the instruction is not only court＇ s duty, but also public media＇s obligation.