论文部分内容阅读
在目前的司法实践中,民愤往往成为司法部门处理案件的考量因素。但民愤是民众的激愤情绪,是非理性的,其中蕴含的观念往往是和现代文明司法理念相悖的,而且是善变的,很难把握、界定。实践中如果让民愤影响司法,将损害司法的刚性和权威,使司法成为媚众的产物,导致舆论审判,不利于实现司法公正。从民愤的概念及特征、产生的原因、应当被考虑的理由及其否定等方面来看,理性司法不宜考虑民愤,应该让司法逐步从情绪中走出,变得更加理性化,更加公平、公正。
In the current judicial practice, popular indignity often becomes the consideration of judicial departments in handling cases. However, people’s indignation is the indignant emotions of the public and irrational. The concepts contained therein are often contrary to the notions of modern civilizations and are fickle and difficult to grasp and define. In practice, letting people’s anger affect the judiciary will undermine the rigidity and authority of the judiciary, and make the judiciary a product of the benevolent. This will lead to trial by the public opinion and will not be conducive to judicial fairness. Judging from the concept and characteristics of anger, the causes of the anger, the reasons that should be considered, and its negation, rational judiciary should not consider the indignation of the people. Justice should gradually emerge from the emotions, become more rational, more fair and just.