论文部分内容阅读
本文着重探讨了司法视角下民意与当事人意志、民意与社会舆论、民意与法律理性之间的关系。对于民意对司法产生的效果持积极态度还是消极态度,本不存在实质性的分歧,归根结底是对于民意的所指不够精细决定的。民意,既是通过严格的立法程序所体现的全体人民的意志,又是基于法律知识、社会常识和传统表达出来的群体性意见,而不是基于爱憎等情绪表达出的个人性见解或部分人的见解;从司法角度审视民意,法律与民意是互相包容的,但民意不能上行于法律,司法机关应该理性对待民意。
This article focuses on the relationship between public opinion and parties’ will, public opinion and public opinion, public opinions and legal rationality from the perspective of justice. There is no substantive disagreement about whether public opinion has a positive or negative attitude toward the effects of the judiciary. In the final analysis, the opinion of the public opinion is not sufficiently refined. The public opinion is not only the will of all the people as embodied in the strict legislative procedure but also the mass opinions expressed on the basis of legal knowledge, social common sense and tradition, rather than individual opinions expressed on the basis of emotions such as love and hate or part of the human opinions Opinion; judging from the perspective of public opinion, the law and public opinion are mutually inclusive, but public opinion can not go up to the law, the judiciary should treat public opinion rationally.