舆论被定义为公众的意见,有时候包括制造舆论的媒体。有其自身的特点和规律,这些特点和规律对于司法产生了影响,也带来了问题,舆论能否参与到司法过程当中?西方经典的政治学和宪政理论认可司法独立,所以应排除舆论干扰。但是,无论从现实还是逻辑,舆论已经并且应该参与到司法之中。有人认为没有破不了的案件,只在于投入司法资源的多少。有的案件几经沉浮,却在舆论关注下或者领导批示下迅速得到解决。这种种现象都提示我们,必须直面舆论对司法的作用,不能墨守成规。 Public opinion is defined as public opinion and sometimes includes media that make public opinion. Have their own characteristics and laws that have an impact on the judiciary and also bring problems. Can the media participate in the judicial process? Western classical political science and constitutionalism recognize the independence of the judiciary, so public opinion should be excluded . However, public opinion has been, and should be, involved in the administration of justice, both in reality and in logic. Some people think that there is no case that can not be broken, only the amount invested in judicial resources. In some cases ups and downs, they have been promptly resolved under public opinion or under the guidance of the leadership. All these phenomena prompt us that we must face the role of public opinion in judiciary and can not stick to conventions.