论文部分内容阅读
世纪之交以来,刑事司法领域的民意表达异常活跃,民意与司法的碰撞引人注目,个别重特大案件中的司法直接被卷入了民意大潮的漩涡,司法受到了不同程度的影响,甚至独立性被严重干预,影响了司法过程和结果的公正。由此提出了很多现实的法治问题,即民意应否被司法裁量考虑及实质根据何在,如果可以则能够允许到怎样的限度,如果不予考虑应如何回应及有无补救之术。本文通过对民意影响司法的现状梳理、民意的性质分析、民意表达与法治实现的关系,以及司法与刑事政策的民意策略等方面,展开条分缕析式的实证与理性论证,以期对此现实司法问题的妥当应对提供一些参考。
Since the turn of the century, the public opinion expression in the field of criminal justice has been unusually active. The clash between public opinion and the judiciary has drawn great attention. The judiciary in some major and extremely serious cases has been directly involved in the vortex of popular opinion and the judiciary has been affected to varying degrees and even the independence Sex is severely interfered with, affecting the justice process and the outcome of the fair. Therefore, many realistic problems of the rule of law are put forward, that is, whether public opinion should be considered by judicial decisions and its substantive basis, and what limits can be allowed if it can be allowed, if not considered how to respond and whether there is any remedy. Based on the analysis of the status quo of public opinion affecting the judiciary, the nature of public opinions, the relationship between public opinion expression and the realization of the rule of law, as well as the public opinion polices of judicial and criminal policies, this article starts with the empirical and rational argument of the article. Proper response to provide some reference.