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自媒体时代突破了传统的信息传播方式,实现了话语权的平民化。面对共治型社会管理模式、对话型刑事话语系统,以“常识、常理、常情”为基础的刑法观有效弥合了法律精英与社会大众在理解和适用法律上的分歧,成为自媒体时代刑事司法公众认同的基础。为此,司法机关应充分发挥媒介作用,主动构建适应自媒体时代的刑事司法信息供给系统,在解释法律上回归常识,定罪、量刑上说理充分,使裁判文书的信息供给与媒介的信息供给相得益彰,以期达到公众对刑事裁判的认同,提高司法公信力。
Since the media era, it has broken through the traditional mode of information dissemination and realized the common people’s right to speak. In the face of the social management model of co-governance and the dialogue-type criminal discourse system, the criminal law concept based on “common sense, common sense and common sense ” has effectively bridged the disagreements between legal elites and the general public in the understanding and application of laws and become self- The foundation of public recognition of criminal justice in the age. To this end, the judiciary should give full play to the role of the media and take the initiative to construct a system for providing information on criminal justice that adapts to the media age. It has sufficient justification to return to common sense, conviction and sentencing in law so that the supply of information in judgment documents and the information supply in the media complement each other. , With a view to reaching public acceptance of criminal judgments and enhancing judicial credibility.