试论民意对我国当前死刑适用的影响

发布时间：2018-09-17 14:15

【摘要】：中国民间“杀人偿命”的观念由来已久,即使是精神文明较为发达的今天。然而减少、限制死刑的适用,甚至废除死刑已成为全世界各国死刑制度的发展趋势。在当今中国,伴随着宽严相济刑事政策的贯彻、落实,我国司法机关的死刑适用已明显减少。但是,应该看到,以网络媒体、网民言论为代表的所谓社会大众的民意与死刑适用明显形成对立关系,对部分案件的量刑产生了重要影响。民意对死刑适用有正反两方面的影响。由于刑事法律规定的僵化、静态,法律适用时形式正义和实质正义发生冲突时,作为司法机关只能遵循形式正义,形式正义对法治时有冲击,死刑适用也可能会因此而不符合民意,民意则可以对死刑适用进行矫正和监督,同时也促进刑事法律的完善。另一方面,要慎重对待“民愤”对死刑适用的不当影响以及防止将被害方的意见误认为是民意的错误认识。基于此,有必要改变民众理念,正确引导民意,做到死刑案件充分尊重民意,并将民意作为考量因素,达到民意与死刑适用的良性互动。
[Abstract]:Chinese folk concept of "killing people for their lives" has a long history, even when spiritual civilization is more developed today. However, reducing and restricting the application of the death penalty and even abolishing the death penalty have become the development trend of the death penalty system all over the world. In today's China, with the implementation of the criminal policy of combining leniency and severity, the application of the death penalty in our judicial organs has obviously decreased. However, it should be noted that the so-called public opinion represented by the Internet media and Internet users' comments is obviously opposite to the application of the death penalty, which has had an important impact on the sentencing of some cases. Public opinion has both positive and negative effects on the application of the death penalty. Due to the rigid and static provisions of criminal law, when there is conflict between formal justice and substantive justice when the law is applicable, as a judicial organ, formal justice can only be followed, and formal justice has an impact on the rule of law. Therefore, the application of the death penalty may not accord with the public opinion, and the public opinion can rectify and supervise the application of the death penalty and promote the perfection of the criminal law. On the other hand, the improper influence of "public anger" on the application of the death penalty should be carefully treated and the opinion of the aggrieved party should not be mistaken for public opinion. Based on this, it is necessary to change the popular concept, guide public opinion correctly, respect public opinion fully in death penalty cases, and take public opinion as the consideration factor to achieve the benign interaction between public opinion and the application of the death penalty.
【学位授予单位】：西北大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924

【参考文献】