民众心态与死刑存由分析——以鲁迅思想为蓝本进行的考察

Analysis on Mass Psychology and Reasons for Existence of Death Penalty

鲁迅先生从济世的角度对死刑进行了剖析,透视着众醉独醒般浓郁的悲凉。同时使得我们质疑长久以来的观念--死刑可存的理由是民众认可并拥护死刑,使得我们发现所谓民众接受只是一种托辞,一种为死刑披上的新装,民众只是法律秩序代价的承担者,废除死刑的根本桎梏在于权力内在的冲动。人道主义观念的弘扬和崇尚是各方都能够接受的也是最终的必然结果。现实表明死刑废除之后,民众对于死刑的认同开始下降。民众的认同不能成为死刑的存由,恰恰相反,民众是法律的学习者和接受者。问题的核心不是改变公众的认同,而是规范的设置改变逐步使得认同的内容细化。与其寄希望于教育的提升,不如致力于规范的发达。作为法律知识代表者的知识分子与具有朴素正义情感的民众应该是互助的,民众的支持是基础,而知识分子则提供了一个寻求法律正义的路径。

Mr. Lu depressed his desolate feelings as all were besotted except he who remained sober, by analyzing the death penalty in the view of benefiting the society. It makes us queried our general notion it was the approval and support from the populaces why the death penalty still survived, it leads us to discover that the so--called approval from the populaces is just an excuse for the purpose to disguise and embellish the death penalty. In this case, populaces are the bearers for the costs of legal order, while it is the internal impulsion of power that impedes the abrogation of death penalty. It indicates that populaces have become less approve for the death penalty since the abrogation. The approval of the populates cannot he the reason for the longevity of the death penalty; on the contrary, the populaces learn and accept the law. The core is to refine the content of identity step by step through canonical rules instead of changing the populaces＇ identity. We shall dedicate to develop our rules rather than pin our hope on the education progress. Intellectuals on behalf of legal and the populates with simple justice identity are interdependent, the populaces provide their support as foundation, and the intellectuals provide a method for seeking legal justice.