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随着我国民众公民意识的增强,民众越来越关注司法审判,乐于表达自己的观点,维护社会的公平正义,广大民众积极参与到法制建设中来,发挥着重要的作用。但是由于现实的司法制度还不够完善,民意与司法审判并不总是和谐的关系,有时给司法审判权带来极大的冲击,尤其在一些较有影响性的刑事案件上。本文以药家鑫案件为例,分析民意与刑事司法审判权之间的冲突表现及原因,并为两者之间的和谐提出对策。
With the enhancement of people’s civil awareness in our country, people are paying more and more attention to judicial trial, are willing to express their point of view and uphold the fairness and justice of society. The majority of the people are actively involved in the construction of the legal system and play an important role. However, due to the fact that the judicial system is not perfect enough, public opinion and judicial adjudication are not always in a harmonious relationship and sometimes exert a great impact on the judicial adjudication power, especially in some influential criminal cases. In this paper, the case of Yao Xin Pharmacy is taken as an example to analyze the performance and causes of conflict between public opinion and criminal judicial jurisdiction and to put forward countermeasures for the harmony between the two.