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通过对2005年至2013年《南方周末》评选的49个影响性刑事个案可以发现,刑事个案受到普遍关注进而引起刑事司法与民意的紧张关系,与犯罪主体身份特征密切相关。民众对弱势主体犯罪普遍要求从宽处罚,对强势主体犯罪则要求从严处罚,民众的意见表达部分得到了司法的有力回应。司法机关在充分运用刑事自由裁量权,努力寻求事实与法律上的依据以顺应民意。民众之所以对涉案主体的身份特征予以关注,更多是关注身份背后的社会问题,也是对我国既往刑事司法过程中基于身份差异而不平等的一种回应,其朴素的正义观念值得注意。为达至刑事司法与民意的良性互动,需要构建合理的社会制度实现身份平等,刑事司法应突破身份差异实现法律面前人人平等,培育民众注重案件事实与法律适用的法律素养。
Through the 49 influential criminal cases named “Southern Weekend” from 2005 to 2013, it can be found that the criminal cases are generally concerned, which leads to the tensions between criminal justice and public opinion, which are closely related to the identity characteristics of criminal subjects. People generally demand lenient punishments for the crimes against the disadvantaged and punish the violent subjects for serious crimes. People’s opinion expression has been strongly responded to by the judiciary. The judiciary is making full use of criminal discretion and seeking truth and law based on its own efforts. The reason why the people pay attention to the identity characteristics of the subjects involved is more concerned with the social issues behind their identities. It is also a response to the inequality based on identity differences in the criminal justice process of our country. Its simple concept of justice deserves our attention. In order to achieve the benign interaction between criminal justice and public opinions, we need to construct a reasonable social system to realize the equality of identities. Criminal justice should break through the status difference to realize equality for all before the law and nurture the public to pay attention to the legal literacy of facts and law applicable to the case.