本文是作者在民转刑案件研究中的理论思考。作者在对该类案件服刑人员的访谈中发现,即使司法判决所依据的法律事实清晰,服刑人员仍具有普遍的“冤屈”感。文章认为此类冤屈感产生的根源在于案件当事人对纠纷事件的理解是建立在自身的一套正义观之上,即“俗民正义”。俗民正义与法律正义有着不同乃至对立的判定内容和判定标准,各自有着合法性声称系统。前者溯及既往,关注行为背后的意义是否合理,依据日常生活中共同建构的当然性规则,追求合意的正当性,具有情境性;后者不溯及既往,重视行为本身是否合法,以法条中的规则、程武为理据,追求决定的合法律性,具有普遍性。在司法实践中,冤屈感是以法律正义为基础的案件判决对俗民正义限制甚至否定的结果。 This article is the author of the theory in the study of criminal cases. In an interview with prisoners in such cases, the author found that even if the legal facts on which the judicial decisions are based are clear, prisoners still have a general sense of “injustice.” The article argues that the root of such a sense of injustice lies in the fact that the parties to the case understand the dispute is based on their own set of concepts of justice, that is, “civic justice.” There are different or even opposite judgments and judgments between the common people’s just and the legal one, and each has the legitimacy claim system. The former traced back to the past and paid attention to whether the meaning behind the act is reasonable or not, and pursuing the legitimacy of the congeniality according to the common rules constructed in daily life, which has a contextual nature; the latter does not trace the past and attach importance to whether the act itself is lawful. In the rules, Cheng Wu as justification, the pursuit of the law of legality, with universality. In judicial practice, the sense of injustice is the result of the case judgment based on legal justice restricting or even negating the custom’s justice.