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目前随着许霆案、刘涌案在舆论间的传播,以及舆论对于司法所造成的压力,公众舆论与司法独立和司法公正已经成为学界普遍关注的问题,民意产生了对司法的不信任,司法判决失去了公众认同,司法的权威被汹涌的民意所弱化。维护法治基础,树立司法权威,必须消解民意与司法的矛盾,依法将民意纳入规则,实现规则之治。应该如何消解二者的冲突呢?笔者将从冲突的表象入手,透析冲突的实质,并通过法律解释的方法,将民意消解于规则之内。
At present, with the spread of the Xu Ting case and the case of Liu Yong in the media, as well as the public opinion pressure on the administration of justice, the public opinion, judicial independence and judicial impartment have become common concerns in the academic field. Public opinion has created mistrust and judicial judgment on the judiciary Lost public opinion, the judicial authority is weakened by the surging public opinion. To uphold the foundation of the rule of law and establish the judicial authority, we must dissolve the conflict between public opinion and the judiciary and incorporate public opinion into the rules according to the law so as to realize the rule of the rules. How to resolve the conflict between the two? The author will start from the appearance of conflict, the essence of conflict analysis, and through legal interpretation, the public opinion will be digested within the rules.