论文部分内容阅读
刑事热点案件是一个功过并存的复合体。在其成为普法样本、唤醒民众权利意识、确立行为预期的背后隐含着尤须警惕的非程序化倾向。刑事热点案件的多面性要求我们站在一个客观而中立的立场检视其功过得失。坚持以程序为中心,严格在坚守程序的基础上做出刑事判决,是刑事热点案件的应然走向。这既有赖于我们对刑事审判中程序的功能和意义进行重新认识和利用,又需要以此为基础构建刑事热点案件审判程序的理想图景。
The case of criminal hot spot is a complex of functions and coexistence. Behind its popularity as a sample of legal literacy, awakening public awareness of rights and establishing behavioral expectations implies a non-procedural tendency that warrants an exception. The multi-faceted nature of criminal hot spots requires that we stand in an objective and neutral position to examine the merits and demerits. Adhere to the procedural as the center, strictly in accordance with the procedure to make criminal judgments, is the criminal hot cases should go. This depends not only on our re-understanding and utilization of the functions and meanings of the procedure in criminal trials, but also on the basis of which we can construct an ideal picture of the trial procedures of criminal hot cases.