刑事审判中的民意
发布时间：2018-07-13 08:18
【摘要】：近年来,随着我国社会转型和法治建设的推进,刑事审判与民意的矛盾在审判活动中越来越突出,并且经常以紧张的形式表现出来,民意不仅拷问着包括法官在内的每一个相关者的心灵,而且还撼动着整个刑事审判制度。从当年影响全国的“刘涌案”、“张金柱案”、“孙志刚案”,到近年来备受关注的“许霆案”、“吴英案”、“邓玉娇案”,无不在向我们表明,民意已经对我国的刑事审判制度造成巨大的影响。虽然民意和刑事审判有一定的冲突,但是民意与刑事审判在目标指向上具有一致性,即都是为了最大程度的实现司法公平、正义。因此二者不应是对立的,而应是相互促进的。刑事司法审判过程中不应当排斥、抗拒、逃避民意,而应当审慎的倾听、吸纳、回应民意,并通过刑事审判的正当程序过滤、制约民意,使民意转化为作为法律元素的量刑情节进入审判。刑事审判吸纳民意,则强化了司法民主,增加了刑事判决的可接受性。 然而,即使民意对刑事司法具有再大的价值与作用,但是民意不能等同于法律,更不能替代法律。在中国司法独立较为脆弱,司法信任度较低,政治性权力可轻易干预司法的国情下,不宜过度强调司法的人民性。在刑事审判过程中,法官必须坚持法律人的职业理性和独立审判原则,以审慎的态度合理的吸纳民意,并理性的确定民意影响刑事审判中的外部边界,实现民意与刑事审判的良性互动。
[Abstract]:In recent years, with the development of social transformation and the construction of the rule of law in our country, the contradiction between criminal trial and public opinion has become more and more prominent in the trial activities, and it is often shown in a tense form. Public opinion not only grilled the hearts of everyone involved, including judges, but also shook the entire criminal justice system. From the "Liu Yong case", the "Zhang Jinzhu case" and the "Sun Zhigang case" that affected the whole country in those years, to the "Xu Ting case", the "Wu Ying case" and the "Deng Yujiao case" that have attracted much attention in recent years, all of them have shown us that Public opinion has had a great impact on our criminal justice system. Although there is some conflict between public opinion and criminal trial, there is consistency between public opinion and criminal trial, that is, to realize justice and justice to the greatest extent. Therefore, the two should not be opposite, but should be mutually reinforcing. In the process of criminal justice, we should not reject, resist or evade public opinion, but should listen carefully, absorb and respond to public opinion, and restrict public opinion through the due process of criminal trial. Turn public opinion into sentencing circumstances as a legal element into trial. Criminal trial absorbs public opinion, strengthens judicial democracy and increases the acceptability of criminal judgment. However, even though public opinion has great value and function to criminal justice, public opinion can not be equated with law, nor can it replace law. In China, judicial independence is weak, judicial trust is low, political power can easily interfere with the administration of justice, it is not appropriate to overemphasize the people's character of judicature. In the process of criminal trial, the judge must adhere to the professional rationality of the legal person and the principle of independent trial, absorb the public opinion reasonably with a prudent attitude, and rationally determine the influence of public opinion on the external boundary in the criminal trial. Realize the benign interaction between public opinion and criminal trial.
【学位授予单位】：扬州大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D925.2
本文编号：2118754
[Abstract]:In recent years, with the development of social transformation and the construction of the rule of law in our country, the contradiction between criminal trial and public opinion has become more and more prominent in the trial activities, and it is often shown in a tense form. Public opinion not only grilled the hearts of everyone involved, including judges, but also shook the entire criminal justice system. From the "Liu Yong case", the "Zhang Jinzhu case" and the "Sun Zhigang case" that affected the whole country in those years, to the "Xu Ting case", the "Wu Ying case" and the "Deng Yujiao case" that have attracted much attention in recent years, all of them have shown us that Public opinion has had a great impact on our criminal justice system. Although there is some conflict between public opinion and criminal trial, there is consistency between public opinion and criminal trial, that is, to realize justice and justice to the greatest extent. Therefore, the two should not be opposite, but should be mutually reinforcing. In the process of criminal justice, we should not reject, resist or evade public opinion, but should listen carefully, absorb and respond to public opinion, and restrict public opinion through the due process of criminal trial. Turn public opinion into sentencing circumstances as a legal element into trial. Criminal trial absorbs public opinion, strengthens judicial democracy and increases the acceptability of criminal judgment. However, even though public opinion has great value and function to criminal justice, public opinion can not be equated with law, nor can it replace law. In China, judicial independence is weak, judicial trust is low, political power can easily interfere with the administration of justice, it is not appropriate to overemphasize the people's character of judicature. In the process of criminal trial, the judge must adhere to the professional rationality of the legal person and the principle of independent trial, absorb the public opinion reasonably with a prudent attitude, and rationally determine the influence of public opinion on the external boundary in the criminal trial. Realize the benign interaction between public opinion and criminal trial.
【学位授予单位】：扬州大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D925.2
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