Recently, a series of public opinion events in China have come out. It is not only the acts of the person who are shocking. It should be considered that such incidents show such social influence.Behind the rapid fermentation of public opinion or even out of control, it means that the existence of public opinion courts, and the reason why the "court" is "court" is that it has deeply involved the judicial process and caused greater pressure.
The combination of public opinion and justice has long been seen in the concept of utilitarianism. The so -called utilitarian judicial philosophy has been very prominent in the 19th century Western's violent modernization process.The satisfaction of public opinion and public opinion is regarded as the social education effect of the judicial itself.Judicial is not only a tool to achieve deterrence, but also a ritual of education display.This philosophical concept is an impetuous state of the national mentality brought by the violent changes in society. The same is true of China at the moment.
This kind of unknown mentality of the people is also the norm of the post -developed country. It is by no means a special case in China.The "trial and error cost" of reduced experience constitutes the "post -development advantage" of the post -developed country, but if it enters the phase of the stalemate, it will constitute a "post -issuance potential": On the one handLack of necessary training, unable to resolve the collective impetuous mentality caused by high -speed growth; on the other hand, the post -developing country has a clear sense of direction during the catch -up period, but once it enters the flat stage, the sense of direction obtained by this "comparison with others" will be a sense of direction.The self -confidence of "efficiency is better than others".
The two causes the blind and impetuousness of the post -developed country, and resort to society, which is generally populist; resorting to diplomacy, it is easy to cause nationalism.The so -called populist and the nation are the mentality of the blade outward. Its vintage of the same nature of the ethnic group depends on the paving the way of the outward -looking blade. This deconstruction force is a collective trial court at the level of public opinion.The deterrent and education of the trial itself, just to sacrifice this "knife" tool.
But any judicial matters may be the best to return to the procedure. According to the corresponding legal law compliance, it is defined.As a defender of the human spirit, it should be more correct and neutral in judicialness. It should not follow the waves. How to judge how to judge.
Generally speaking, the law of law rather than public opinion can achieve better justice, provided that it is necessary to maintain the goodness of the legislative will itself, and a "good law" combines judicial training and moral conscience by judges. In fact,Be better than impetuously.The latter is changing and easy to become a collective multiplication effect, resorting to radical and extreme. In the "post -fixed formula" of the post -developed country, it has formed a "sharp blade".After the fire of public opinion, a wolf lending.In the context of utilitarianism, each atom may constitute a small number of sacrifices. This kind of public opinion court is "the trial of all people on all people."
One of the requirements of the Chinese nation is different from the people's ethnic groups, lies in the moral color of civilization inheritance. Politics is based on moral operations. The order is defined according to morality.The word morality is the key to social life.The "normalization" of moral concepts and existence makes morality is not purely as the scale of judgment as a western society, but the easy flow becomes a tool for struggle: the flaws of the morality of the parties constitute the reasons for the establishment of the public opinion court, and it also constitutes the court's intervention of judicial judiciallyThe natural results of the process.However, the existence of public opinion courts may be more likely to eliminate the facts of social morality: everyone is not flawless in morality. The public opinion court is just "the judgment of all people on all people." In fact, it has a impact on the moral core based on society.No one can undertake this completely meaningful moral trial, and in the trial of public opinion courts, it may be more animal -oriented.
The author is an assistant researcher at the Shanghai Institute of U.S. Institute of U.S.
