法治语境下民意审判的成因与对策

Trial by Public Opinion under the Legal Environment : Cause and Countermeasures

在转型期的中国司法领域,公众舆论即民意在维护个人权利、表达自己的利益诉求方面发挥着巨大的作用,同时也带来了许多负面的影响,在司法领域出现了民意审判的现象。这与当前依法治国的主题相矛盾,是对依法治国方略的破坏,且民意易受利害关系人操纵,刑事领域民意审判违背罪刑法定原则。因此,应促使司法机关独立行使司法权,推进司法队伍自身建设并探索人民陪审员的制度变革。

Public opinion plays an important role in maintaining individual＇s rights, expressing people＇s interest demands, etc. in China＇s judicial field during the transformation period. However, it also brings about may negative influences, such as the phenomenon of trial by public opinion in the judicial field, which contradicts our current practice of ruling by law, because public opinion tends to be controlled by the interested party and in criminal field the trial by public opinion is against the principle of legality. Therefore, the author thinks that the judicial authority should execute jurisdiction independently and we should promote the construction of judicial team and explore the reform on the people assessor system.