在现实层面,民愤对量刑的影响具有两面性;在应然层面,民愤本身存在诸多缺陷,也缺乏刑法上将其作为量刑要素的必要路径。民愤可以且仅能作为更严格、更准确的司法审判的推动力,但不能作为量刑的直接要素与根据。应当在理念和制度层面尽力控制民愤对量刑的影响。 At the realistic level, the influence of public anger on the sentencing has two sides; on the contrary, there are many flaws in the anger of indignation itself, and it lacks the necessary path of criminal law to regard it as the sentencing element. Anger can and can only serve as a more rigorous and accurate impetus for judicial proceedings, but not as a direct element of sentencing. At the ideological and institutional levels, we should try our best to control the impact of public anger on sentencing.