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遇到法治问题时,很多民众不相信审判机关能够独立公正的行使审判权,因此习惯运用伦理道德对案件进行评价,以民主的名义,将所谓的“公意”直接施压于司法活动,甚至于主导司法活动。这是有违于宪政意义下的司法民主的。因此,我们一定要厘清司法的民主性边界,既要本着民主司法的间接性原则,通过法定的立法程序约束司法。也要确保司法对民主的制约,保障司法独立。
In the face of the question of the rule of law, many people do not believe that the judiciary can exercise its judicial power independently and impartially. Therefore, it is customary to use ethics to evaluate cases and directly exert the so-called “public opinion” on judicial activities in the name of democracy , And even lead the judicial activities. This is contrary to the constitutional significance of judicial democracy. Therefore, we must clarify the democratic boundary of the judiciary. We must restrict the judiciary through statutory legislative procedures in the light of the indirect principle of democratic judiciary. We must also ensure that the judiciary controls the democracy and guarantees the independence of the judiciary.