理性对待刑事司法活动中的民意
发布时间：2019-05-29 04:24
【摘要】：近年来,随着我国普法工作的进一步深入进行,人们对司法活动的关注度也持续提高,对司法公正性的要求更高。另外,大众传媒,包括网络的迅速发展,使得人们能够更加方便快捷的向外界传达自己的观点。这就为人们关注我国的司法活动提供了便利,使民众能以自己朴素的道德观念和相应的理性思考,对司法活动给予相应的评价。无论我们是否意识到,民意已经开始介入司法活动,并且因此而产生了一定的影响,中国司法与民意产生了前所未有的激烈的碰撞和交锋。在刑事司法活动中如何对待民意是一个非常复杂的问题,一方面,司法独立要求排除国家机关、社会团体和个人的干涉,如果将民意纳入司法活动中,是否会影响司法独立;另一方面,国民的参与、信任乃至信仰是刑事司法的立基之本。民众的监督作为社会监督内容的重要组成部分,对司法公正、司法权威的树立有不可替代的作用。只有民众参与司法,感受到司法的权威与公正,才能真正在民众中树立起法律的信仰。 本文就在于将刑事司法活动与民意这两个看似冲突的命题揉合在一起进行讨论,论述民意对刑事司法活动产生影响存在着古今基础,民意会对刑事司法活动产生何种影响以及如何协调民意与刑事司法活动之间的关系,以期待既能充分考虑民意,实现民众对司法机关的有效监督,又保证司法活动的独立性,达到二者之间的和谐发展。
[Abstract]:In recent years, with the further deepening of the popularization of the law in our country, people's attention to judicial activities has continued to improve, and the requirements for judicial fairness are higher. In addition, with the rapid development of mass media, including the network, people can convey their views to the outside world more conveniently and quickly. This provides convenience for people to pay attention to the judicial activities of our country, so that the people can give the corresponding evaluation of the judicial activities with their own simple moral concept and corresponding rational thinking. Whether we realize that public opinion has begun to intervene in judicial activities, and as a result has had a certain impact, Chinese justice and public opinion have had an unprecedented fierce collision and confrontation. How to deal with public opinion in criminal justice activities is a very complex problem. On the one hand, judicial independence requires excluding the interference of state organs, social organizations and individuals, if public opinion is included in judicial activities, whether it will affect the independence of the judiciary; On the other hand, national participation, trust and even belief are the foundation of criminal justice. As an important part of social supervision, public supervision plays an irreplaceable role in the establishment of judicial justice and judicial authority. Only when people participate in justice and feel the authority and justice of justice, can they really establish the belief of law among the people. This paper discusses the two seemingly contradictory propositions of criminal justice activities and public opinion, and discusses that there is an ancient and modern basis for the influence of public opinion on criminal justice activities. What impact public opinion will have on criminal justice activities and how to coordinate the relationship between public opinion and criminal justice activities, in order to take full account of public opinion, to achieve effective supervision of the judiciary by the public and to ensure the independence of judicial activities, To achieve the harmonious development between the two.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926
本文编号：2487647
[Abstract]:In recent years, with the further deepening of the popularization of the law in our country, people's attention to judicial activities has continued to improve, and the requirements for judicial fairness are higher. In addition, with the rapid development of mass media, including the network, people can convey their views to the outside world more conveniently and quickly. This provides convenience for people to pay attention to the judicial activities of our country, so that the people can give the corresponding evaluation of the judicial activities with their own simple moral concept and corresponding rational thinking. Whether we realize that public opinion has begun to intervene in judicial activities, and as a result has had a certain impact, Chinese justice and public opinion have had an unprecedented fierce collision and confrontation. How to deal with public opinion in criminal justice activities is a very complex problem. On the one hand, judicial independence requires excluding the interference of state organs, social organizations and individuals, if public opinion is included in judicial activities, whether it will affect the independence of the judiciary; On the other hand, national participation, trust and even belief are the foundation of criminal justice. As an important part of social supervision, public supervision plays an irreplaceable role in the establishment of judicial justice and judicial authority. Only when people participate in justice and feel the authority and justice of justice, can they really establish the belief of law among the people. This paper discusses the two seemingly contradictory propositions of criminal justice activities and public opinion, and discusses that there is an ancient and modern basis for the influence of public opinion on criminal justice activities. What impact public opinion will have on criminal justice activities and how to coordinate the relationship between public opinion and criminal justice activities, in order to take full account of public opinion, to achieve effective supervision of the judiciary by the public and to ensure the independence of judicial activities, To achieve the harmonious development between the two.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926
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，本文编号：2487647
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