论影响法律评价的主要社会因素

On the main social factors affecting legal evaluation

影响法律评价的主要社会因素有:党的领导、行政评价、律师、法学专家和社会舆论等。在推进国家治理能力和治理体系现代化的历史进程中,要正确理解党的领导与法律评价之间的权属关系,还要探讨行政评价与法律评价互动的作用机制。三者的双向互动集中体现为,党依法执政、行政机关依法行政,以及司法机关公正司法。在司法个案中,律师和法学专家对法律评价的内在推动体现在,通过个案反思现有的法律制度进而推进司法改革。社会舆论对法律评价产生着较为复杂的影响,尤其是在互联网时代,社会舆论容易使个案成为公共事件,对司法机关行使职权提出了更高要求。研究影响法律评价主要社会因素的目的是为了有效维护司法机关依法独立行使职权,这是法治社会的基本要求。

Law evaluation mainly influenced by the leadership of the party, administration evaluation,lawyers,legal experts and public opinion in society. In the process of promoting the modernization of national governance capacity and governance system, we should correctly understand the relationship between the leadership of the party and legal evaluation, also explore the reciprocal mechanism between administration evaluation and law evaluation. The two-way interaction of the three is reflected in the CPC according to law, administration according to law and judicial justice. In judicial cases, the inner impetus of the lawyers and legal experts to legal evaluation is based on the reflection of the existing legal system to promote the judicial reform. Public opinion has a complicated influence on legal evaluation. Public opinion is easy to make the case to become public events, and put forward higher requirements for the exercise rights of the judiciary, especially in the internet era. The purpose of the study of the main social factors affecting legal evaluation is to effectively maintain the judiciary exercising their powers independently according to law. This is the basic requirements of society governed by law.