当司法遭遇民意——以吴英案为例

昊英案引发了人们对司法和民意关系的探讨。许多学者坚持“司法的归司法，舆论的归舆论”，即民意不得干预司法审判。其实，这一司法伦理规则仅适用于立法公正、司法独立的情形。从历史发展的维度来看，司法并非与民意天然隔绝，随着民主化、法治化的进程，司法伦理规则是逐步确立并完善的。中国目前仍处于形式法治初创时期，不应一味机械地模仿成熟法治国家的司法伦理规则。

Public Opinion and Judicial Power： from the Perspective of the Wu Ying Case

The Wu Ying Case has triggered discussions on the relationship between judicial power and public opinion. Many scholars adhere to the creed that justice should not be wavered by public opinion. In fact, the judicial ethics could be applied only to the circumstances under which justice, equality in legislation and judicial independence have been achieved. From a historical perspective, justice is not insulated from public opinion, and judicial ethics have been gradually established and perfected with the process of democracy and the rule of law. As China is still in the start-up stage of the rule of law process, it should not blindly copy the judicial ethics of the Rechtsstaat for copying＇ s sake.