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司法审判中对于民意的重视已经提高到理念和政策的高度,在实践中,也已成为司法改革的重要突破点。而基层司法的基础性、审判环境特殊性以及广泛性特点,都决定了其对待民意不能只是单纯的否定和肯定的态度,而应该辩证审慎地对待民意,将其作为司法审判中一种准用的辅助性依据,使其成为合法化判决的说明性事实,只有这样才能保证法的有效实现,才能保证法所追求的法律秩序得以建立。
The importance attached to public opinions in judicial trials has been raised to the point of philosophy and policy. In practice, it has also become an important breakthrough point in judiciary reform. However, the basic judiciary of the grass-roots level, the particularity of the trial environment and its extensive characteristics all determine that its treatment of public opinion can not be merely a negation and affirmation. Instead, it should treat the public opinion dialectically and cautiously as a standard for judicial trial Of the supporting basis, making it an illustrative fact to legalize the verdict, the only way to ensure the effective realization of the law, in order to ensure that the law sought by the legal order to be established.