Dynamic Game between Judiciary and Public Opinion : A Study Centered on the Criminal Case Reports of Red China

司法与民意的动态博弈—以《红色中华》的刑案报道为中心的考察

In the process of leading the revolution in the Soviet area, the Communist Party of China promulgated a large number of criminal laws to consolidate the revolutionary achievements and the regime, demonstrating the firm belief of the party in leading the people to independently explore the construction of the legal system. In combination with the criminal legislation of the Soviet period, the criminal trial reports in Red China show that the judicial and public opinions in the criminal trials of the Soviet period showed a trend of one rising and the other falling, from the state of separation of the judicial and public opinions to the public opinion becoming the weather vane of the judicial. In this process, the judicial system in the Soviet area was replaced by a style of “mass justice”, and its fundamental motivation was the strong political needs of the new regime. By analyzing and summarizing the experience and lessons of handling the relationship between public opinion and justice in criminal justice during the Soviet period, and conducting a dynamic analysis of the relationship between public opinion and justice in Soviet trials, we can provide a historical perspective for better handling the relationship between public opinion and justice under the leadership of the Party in the new era, which will help maintain the authority of justice and promote justice for the people.

中国共产党在领导苏区革命的过程中，为巩固革命成果和政权而颁行了大量刑事法规，彰显了党领导人民独立探索法制建设的坚定信念。结合苏维埃时期的刑事立法考察《红色中华》中所载的刑事审判报道，苏维埃时期的刑事审判中司法与民意呈现出此消彼长的趋势，从司法与民意剥离的状态转变为民意成为司法的风向标。在这过程中，苏区的司法被一种“大众司法”的风格所取代，其根本动因在于新生政权强烈的政治需要。通过分析总结苏维埃时期在刑事司法中处理民意与司法的关系的经验与教训，对苏区审判中民意与司法的关系进行动态的剖析，可以为新时代在党的领导下更好处理好民意与司法的关系提供历史视角的解读，将有助于维护司法的权威和助推司法为民。