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精英司法排斥民众?在西方,新闻监督难以形成有效的司法监督,关键在于精英司法对民众情绪的排斥。类似辛普森杀妻案件那样,被大众媒体广泛跟踪与报道,可以说是绝无仅有。我们看到,一般的司法审判中,不允许法官接受新闻媒体的采访,也不能进行现场直播和拍照,庭审之后,留给公众的信息不过一张新闻速写,或者一纸判决书而已。面对这道裂痕,长期从事司法审判工作的德沃金也不无遗憾地说:“任何国家部门都不比法院更为重要,也没有哪一个国家部门会像法院那样受到公民的彻底误解。”
In the west, it is difficult for the news monitoring to form an effective judicial supervision, and the key lies in the exclusion of popular emotions by elite justice. Similar Simpson kill wife cases, as widely tracked and reported by the mass media, can be said to be unique. We have seen that judges are not allowed to be interviewed by the news media or live and photographed in the ordinary judicial proceedings. After the hearing, the information left to the public is no more than a sketch or a verdict. In the face of this rift, Dworkin, long engaged in judicial adjudication, also said with regret: “No country department is more important than a court, and no state department will be thoroughly misunderstood by citizens like the courts.”