民意压力与司法公正良性互动机制的构建

Establishment of Positive Interaction Mechanism between Pressure of Public Opinion and Judicial Justice

在网络传媒时代,司法面临前所未有的民意压力。正当的民意压力有助于司法公正的实现,而不正当的民意压力,则常常干扰司法机关对案件事实的独立判断与法律适用,对司法公正产生扭曲力。司法机关办案既要尊重民意,又不能屈从民意,司法机关应当坚持以事实为依据,以法律为准绳的办案原则,在法律赋予的自由裁量权限内尊重民意,实现民意与司法公正的良性互动。

In the Internet media age,judicature is faced with unprecedented pressure of public opinion. While the legitimate pressure of public opinion can help to realize judicial justice, the unjustifiable pressure will hamper the independent judgment and the application of law of the judicial authority, and bring distor- tion for judicial justice. While handling the cases, the judicial authority needs to respect public opinion, but cannot blindly yield to it. Therefore, the judicial authority should adhere to the basic principles that judicature must be based on facts and take law as the criterion. Meanwhile, it ought to respect public opinion within discretion given by law, and eventually realize a positive interaction between public opinion and judicial justice.