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本文对文化、制度、价值、思想、认知、职业等宏观与微观对公众舆论影响司法裁判的缘由进行了多维解构。这固然有司法体制、法治化程度等客观因素的影响,也与法院司法不够公开、司法与公众互动机制不畅、司法作风不正、司法不够民主等不无关系,因此要实现司法裁判从“舆论绑架”中理性突围,需要法院加强司法公开建设、司法与公众舆论互动沟通机制建设、司法作风建设、司法民主建设及司法能力建设。传统与新兴媒体要加强社会责任感和职业道德,建立一个理性客观的公众舆论平台。律师要站在公正的立场维护司法公正。法律专家也要发挥应有的作用,公平公正地评价每一个案件,以客观理性的态度做一个反思者与构建者,为公众舆论树立标榜,以维护司法权威与司法独立。
This article conducts a multidimensional deconstruction of the reasons why the macroeconomic and the microeconomic impact of public opinion on the judiciary, including culture, system, value, ideology, cognition and occupation. Although this has the influence of objective factors such as the judicial system and the rule of law, it is not open enough to the court courts, the mechanism of judicial and public interaction is poor, the judicial style is not correct and the judiciary is not democratic enough. Therefore, Public opinion abduction "in rational breakthroughs, the need for the courts to strengthen judicial construction, judicial and public opinion interactive communication mechanism, judiciary style construction, judicial democracy and judicial capacity-building. Traditional and emerging media should strengthen social responsibility and professional ethics, and establish a rational and objective platform for public opinion. Lawyers should stand in a just manner to uphold justice. Legal experts also have to play their due role, appraise each case fairly and justly, make an objector and builder with an objective and rational attitude, and set an example for public opinion in order to safeguard the judicial authority and independence of the judiciary.