实现刑事司法与公众认同契合的路径分析

The Way How to Reach the Combination of Criminal Judiciary and Public Recognition

刑事司法与公众情感的冲突与背离是我国刑法理论与司法实务中的重大难题,只有实现了公众对刑事司法的认同,法治才有坚实的保障。确保公众信赖刑法规范是前提,刑法规范必须支持普遍的共同的道德,有利于维护公众权益。确保公众尊重司法人员是基础,司法人员应该具备优良品行和丰富专业知识、技能。确保公众参与司法是途径,刑事司法程序应该具备开放性。确保公众与刑事司法的沟通是方式,公众与刑事司法之间应该建立良好的沟通机制。

The conflict and deviation between criminal judiciary and public recognition is a difficult problem in criminal theory and judical practice of our country. Only in this way can we achieve the public recognition in criminal judical practice, can the rules of law have a solid guarantee. It is the premise to ensure the public to trust in the rules of ciminal law, and criminal law must support the common morality, help maintain public interests. It is the foundation to ensure the public to respect the judicial personnel, and the judicial personnel should have good character and rich professional knowledge and skills. It is the way to ensure the public to participate in the judiciary, and criminal judicial procedure should be open. It is the way to ensure the communication between the public and criminal judiciary, and the public and criminal justice should establish good communication mechanism.