热案、民众情感与民众法

Controversial Hot Cases,People's Emotions and Folk Laws

对当前互联网络广泛应用背景下的热点案件及其背后的理性,我们缺乏深入的研究。以晚近发生的李天一案作为观察对象,实证数据表明,此类热点案件主要体现在民众愤怒情感的集中表达,而民众的愤怒和他们认知或想象的司法不公紧密相关。民众的情感和认知存在非理性成份,一个表现就是热案中品行性证据的应用。并且,民众不但把品行性证据用于个人,而且用于对司法机关的司法行为的判定,后果就是对司法公正的本能怀疑,并对司法活动形成压力。作为卢埃林讨论的民众法概念的演示,借助网络的传播和聚合作用,热案现象展示出的民众法更有力量,对我们的司法的冲击也更强,提示我们需要研究如何让民众更准确地感受司法公正,为一些从人们的情感和认知特征入手的对策提供了可能的思路。

At the present time,we do not have enough critical research studies of these controversial court cases and their reason. Empirical evidences from the Li Tianyi case suggest that these cases mainly express themselves in the form of angry outbursts,and the anger is mainly due to the imagined unfairness in the criminal justice system. People＇s emotion and recognition are not always rational,and the use of character evidence is an example. Character evidence is used not only to prove Li Tianyi is guilty but also to prove the criminal justice system is guilty,therefore people will suspect justice is not done instinctively. In addition,their suspicion will be increased and put pressure on the criminal justice system. The controversial hot cases are an exhibition of what referred as by Llewellyn as folk-law and the internet has made it more powerful,bringing more influences on the criminal justice system. All these suggest that we need to research further into how to make people feel the justice in our criminal justice system better.