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社会法制化程度的提高使得人们的法律意识不断增强,这不仅表现在公民日益加强的自我维权意识上,还表现在公民对社会热点案件的关注上,且这种关注更多的体现为一种公众参与。许多典型的社会性案件无不经历了两次或更多的裁判才最终定论,他们的最终判罚或加重,或减轻,这种在定罪量刑方面的变化,与高涨的民意不无关系。本文旨在通过对司法与民意的关系梳理,引出民意如何促进司法,司法怎样吸收民意的思考。
The improvement of social legalization makes people’s awareness of law constantly increasing, which is not only reflected in citizens ’increasingly awareness of self-protection, but also reflected in citizens’ attention to social hot cases, and this concern is more reflected in one public participation. Many typical social cases have finally experienced two or more referenda before their final verdict. Their final penalty will be aggravated or reduced. Such changes in the sentencing and sentencing are not unrelated to soaring public opinion. The purpose of this paper is to sort out the relationship between the judiciary and public opinions, and draw the conclusion that public opinion can promote how the judiciary and the judiciary can absorb public opinion.