虽然司法与民意都旨在追求公平正义,但由于民意具有朴素性、多元性、易变性、非专业性等特点,其与司法活动之间既有契合的一面,也有冲突的一面。由于网络等大众媒体的兴起,民意对司法活动的影响越来越大。为使司法活动能够吸纳民意而又不被民意所绑架,司法机关应通过制度化、程序化的方式对待民意,如细化不同审级之间的职能分工,逐步实现判决书公开并加强裁判文书的法律论证等。 Although both the judiciary and public opinion aim at the pursuit of fairness and justice, since public opinion has the characteristics of simplicity, pluralism, variability and non-professionalism, it has both coinciding and conflicting aspects with judicial activities. Due to the rise of the mass media such as the Internet, the influence of public opinion on judicial activities is getting bigger and bigger. In order to enable judicial activities to absorb public opinion but not to be abducted by public opinion, the judiciary should treat public opinion through institutionalized and procedural methods, such as refining the division of functions between different levels of judiciary, gradually realizing the openness of judgments and strengthening the judgment instruments Legal argument and so on.