司法裁判与民意冲突及其解决机制

The Conflict between the Judicial Judgment and the Public Opinion and its Solution Mechanism

导致司法裁判与民意冲突的原因主要有社会矛盾多元化与司法最终解决能力不协调、法治建设进程与民众普遍预期之间不统一等。解决冲突应主要从建立民意进入司法裁判的制度通道和技术通道,加强法院、媒体与民意的沟通机制,建立主审法官与舆论的隔离机制等角度入手。

The reasons for the judicial judgment conflicting with the public opinion are mainly the inhar- mony between the diversified social contradictions and the judicial final solution ability, the disunity between the rule of law construction process and the people＇s general expectations, and so on. As to solving this conflict, it＇s suggested to build the system channel and technical channel for the public opinion entering the judicial judgment, strengthen the communication mechanism the court, media and public opinion, and establish the isolation mechanism of the trial judge and the public opinion.