传统示众司法文化与公民法律意识培育之思考

Reflections on Traditional Public Judicial Convention and the Formation of People's Legal Consciousness

在中国历史上,公开惩处与游街示众的司法仪式和刑罚手段绵延不绝。曾经作为运动式批判标志的"公捕公判大会"在国内仍时有发生。以"公捕公判"为代表的示众司法除了"公开"这一特点,已完全背离了现代法律意义上的程序原则,彻底破坏法庭秩序,严重损害了法律的神圣性和司法的公正性。这类"戏剧化的司法仪式"对我国正在全面实施的依法治国方略及公民法律意识的养成有着不利的影响。通过对多个较有代表性的公民法律意识和司法参与调研数据的分析,探析传统震慑性示众司法与现今我国民众法律意识的相关联系,为建设和提高公民法治精神和观念提供路径。

In history,the public punishment and parade of public justice and the penalty means extended constantly in traditional China. And as a symbol of campaign for condemnation,the ＂ rallies of public prosecution＂ still occurs now and then in our country. As a representative of the public justice and in addition to its ＂ public＂ feature,the ＂Public arrest and sentencing justice＂ has completely departed from the procedural principles in the modern legal sense,completely destroyed the court order and seriously undermined the sanctity of the law and the impartiality of the judicature. This kind of ＂ dramatic judicial ceremony＂ has a huge negative energy for China＇ s comprehensive construction of the rule of law and the development of civil legal consciousness. This paper,through a further analysis of the research data of a number of fairly typical citizen legal awareness and judicial participation,explores the relationship between the traditional deterrent public judicial convention and the legal consciousness of the people in our country,and provides a path for building and improving the civil law spirit and concept.