论文部分内容阅读
司法与民意冲突是一种客观存在。司法如何处理好与民意之间的关系,已经成为司法实践,乃至我国法治进程中必须要面对和解决的问题。文章在解构关注司法裁判的民意的基础上,分析了民意与司法裁判发生冲突的原因,进而阐明处理司法裁判与民意之间的关系是要实现二者的契合,以共同努力提升司法公正。选择这一路径需秉持的原则是民意不能凌驾于法律之上,但司法应倾听并尊重民意。文章从完善陪审制度、规范传媒与司法的关系、法官自由裁量权的合法合理使用、审判公开及塑造符合民意期待的法官形象等方面进行了探讨。
Conflict between justice and public opinion is an objective reality. How to handle the relationship between the judicature and public opinion has become a problem which must be faced and solved in judicial practice and even in the process of rule of law in our country. On the basis of deconstructing the public opinion on judicial adjudication, the article analyzes the reasons why the public opinion conflicts with the judicial adjudication, and then clarifies that the relationship between judicial adjudication and public opinion is to achieve the compatibility between the two and work together to promote judicial fairness. The principle to be chosen for this path is that public opinions can not be above the law, but the judiciary should listen and respect public opinion. The article discusses the improvement of the jury system, standardizing the relationship between the media and the judiciary, the fair and reasonable use of the judges’ discretion, the openness of the trial and shaping the image of the judge who meets the expectation of public opinion.