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“依法治国”基本国策的推行确定了我国发展道路势必以法律为基本准绳,从而形成依法治国,违法必究,执法必严的和谐社会。然而,纵观当今社会司法体系不难看出,我国刑事司法审判过程中,民意左右司法审判的现象屡见不鲜,在一定程度上阻碍了司法审判的独立性。而保证司法审判的独立性,既是和谐社会发展的必须要素,同时又是构建法治社会的必须之举。因此,文章立足于刑事司法审判中民意权重的分析,借由解构刑事司法审判中的民意,及探究其解构意图,探析刑事司法审判过程中的民意取向价值,在构建民意与司法公正的天平中,探索出捍卫刑事司法公正严明的可行路径,旨在抛砖引玉,唤起更多学者对民意于刑事司法中作为的深入研究,从而为提升我国刑事司法审判的公正性、科学性贡献出应有的力量。
The implementation of the basic national policy of “governing the country according to law” has determined that the path of development in our country will inevitably take the law as the basic criterion, so as to form a harmonious society in which the country is governed by the law, its laws must be punished, its laws enforced. However, it is not difficult to see through the current social justice system that the judicial judicatory around the public opinion is not uncommon during the criminal justice trial in our country, which hinders the independence of judicial trial to a certain extent. To ensure the independence of judicial adjudication is not only an essential factor for the development of a harmonious society but also an essential measure for building a society ruled by law. Therefore, based on the analysis of public opinion weight in criminal judicial trial, this article explores the value of public opinion in criminal justice trial by deconstructing the public opinion in criminal justice trial and exploring its intention of deconstruction. In building a balance between public opinion and judicial fairness, , Explored a feasible way to defend the fairness and justice of criminal judiciary and aroused more scholars to conduct more in-depth studies of public opinion in criminal justice, so as to give due contribution to the fairness and scientifical contribution of criminal justice in our country .