Enlightenment building for rule of law

Source:Global Times Published: 2011-4-21 2:56:00

The fate of Yao Jiaxin, a young college student who hit and then stabbed an injured victim to death, has caused ardent arguments among the Chinese public about the law and humanitarian issues. To be judged later this week, the case is already wrapped up in things other than the law.

Chinese society is experiencing a "movement of enlightenment" on the rule of law despite it having been advocated for such a long time. The process used to controlled by the government, but thanks to the Internet, judicial justice has seen unprecedented involvement of public opinion.

Just like the instructions from their superiors, the impact of public opinion on judicial justice has had both positive and negative effects. It is necessary to keep that public opinion involved in China's judicial system as it will be helpful over the long haul.

At the same time, public opinion should become more mature to better reflect on every misjudgment. For example, the case of She Xianglin, jailed for 11 years after being wrongly convicted of killing a neighbor, has been controversial.

It has to be admitted that the foundation of Chinese judicial justice is not solid and society can sometimes exert a useful impact on judicial decisions, although by no means always. The court can always reject the interference of public opinion that is sometimes "a little rude."

There must be a long-term process of interaction between the Chinese administration of justice and public opinion. If the interaction is good, the administration of justice will be more honest, more dedicated and fairer. If the interaction is not good enough, public opinion will become arrogant, trying to control everything.

The quality of public opinion is determined by the quality of the court. It is difficult for public opinion itself to keep rational and have self-restraint because part of its rationality is provided by the court. The court should dare to ignore public opinion that is too demanding, tell the truth and make independent judgments. The public might fail to understand at the moment, but it will slowly find the correct boundary between supervision and intervention.

Moreover, public opinion does not represent the people's mind. Even if it does, its accuracy and stability is often less reliable than legal logic. Public opinion cannot be above the law. For example, we should no longer say "Public anger cannot be quelled if he is not sentenced to death."

Anyone can make mistakes, even a judge, but it is important to establish the dignity of the law in China. Therefore, there is now quite enough discussion of Yao's case. Let us wait and see the judgment of the court. After the final decision, people with different views should reflect on why their opinion has "deviated" rather than continue to insist they are right.



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