论当代中国司法独立——以司法与民意的关系为视角

Judicial independence in contemporary China from the perspective of the relationship between justice and public opinion

司法独立作为法治的基本原则之一历来备受学界和政界以及越来越多民众的广泛关注,究其本源实质乃是司法难以做到真正意义上的独立。外部环境以及内部条件等因素都会影响司法独立的实现,而民意作为近年来的高频词之一对司法正发生着不可估量的影响。司法应如何面对民意从而真正达致司法独立的格局是当下不得不考虑的问题。实现司法独立必须做到程序公正、法官独立以及对新闻媒体自由的行使进行规制。

As one of the basic principles of the rule of law, judicial independence has always been widely concerned by scholars and politicians and more and more common people. The reason is that it is difficult to achieve the true sense of judicial independence. External environment as well as internal conditions and other factors will affect the realization of judicial independence, and public opinion as one of the high frequency words in recent years has an immeasurable impact on justice. How to face the public opinion in order to truly achieve the pattern of judicial independence is the problem to be considered at present. The realization of judicial independence must ensure procedural justice, judge independence and the restriction to the freedom of media.