论文部分内容阅读
当下中国,死刑文化在精英思维和大众观念之间严重断裂,精英思维的价值得以强调,但大众观念之于死刑决策的意义似乎并未得到正确认识。实质上,大众观念是死刑决策无法绕开的因素,这是由现代民主制和公众参与理念决定的,它还和尊重法治进程与民众法感情直接相关,也是死刑司法追求社会效果所必需的。但是,它还具有情绪化、易波动、模糊化的非理性弊端,必须将其纳入制度化的运行轨道,才能发挥其对于死刑变革的基础性作用。
At present in China, the culture of death penalty severely breaks down between elitism and mass concept, and the value of elitism can be emphasized. However, it seems that the meaning of mass concept in the decision of capital punishment has not been correctly recognized. In essence, the concept of mass is a factor that can not be circumvented by the death penalty decision. This is determined by the concepts of modern democracy and public participation. It is also directly related to respecting the progress of the rule of law and the feelings of the people. It is also necessary for the pursuit of social effects by the death penalty justice. However, it also has the irrational shortcomings of being emotional, volatile and fuzzified. It must be included in the institutionalized orbit to play its fundamental role in the revolution of death penalty.