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死刑个案民意是影响我国死刑案件裁决和司法公正的重要因素。但个案民意飘忽的身影和不确定的含义,影响了人们对它的认识。通过对217起死刑个案与民意的分析,本文发现,死刑个案民意对死刑案件裁决的影响既有正当性,也有不正当性。被害人的态度和社会公众的意见与案件的量刑情节之间存在密切联系,但又受到了很多非法律因素的影响。对死刑个案民意应当辨证而理性地对待。
The death penalty case opinion is an important factor affecting the ruling and the judicial justice of the death penalty case in our country. However, the erroneous public opinion and the uncertain meaning of the case have affected people’s understanding of it. Through the analysis of 217 death penalty cases and public opinion, this paper finds that the impact of the death penalty case on the ruling of death penalty cases is both legitimate and improper. There is a close relationship between the attitude of the victim and the opinion of the public and the sentencing circumstances of the case, but it is also affected by many non-legal factors. Public opinion on the death penalty case should be treated dialectically and rationally.