论民众性诉讼情绪与司法独立——邓玉娇等案给予的警示

Public Pro-Litigation Mood and Judicial Independence:Insight from Deng Yujiao Case and the Like

民众性诉讼情绪是专业性质的民意,民意是政治的,诉讼情绪是法律的,在民众性诉讼情绪面前,邓玉娇案迅速落下法槌,完成了民众对司法的一次监督。本文结合多个案例,提出了民众性诉讼情绪这一概念,论述了其特征,剖析了其价值,重点是其与司法的冲突关系和正确疏导。

Public pro-litigation mood is a special kind of public opinion. Public opinion is of political sense, while pro-litigation is of legal sense. Due to public pro-litigation mood, the Deng Yujiao case is judged quickly, which is the realization of public supervision over justice in the real sense. With insight from the Deng Yujiao case and the like, this article comes up with the concept of public pro-litigation mood in terms of the features and value analysis. The article lays emphasis on public persuasion for resolving the conflict between public pro-litigation mood and justice.