刑事热点案件功过之议

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。

Merits and Demerits of Hot Spot Criminal Cases

Hot spot criminal cases are a complex mixing merits and demerits. Behind the fact that they become the models for generalizing law, awakening the awareness of the power of the masses,and confirming the behavior anticipation lies the tendency towards non-formalization. The multiplicity of the hot spot criminal cases requires that they be examined in terms of its merits and demerits, gains and losses from the objective and neutral perspective. It is the likely tendency of the hot spot criminal cases that criminal judgment will be made on the basis of abiding by the proceedings with formalization as the center. This depends upon the reassessment and utilization of the functions and meanings of the proceedings in criminal judgment. Besides, the ideal picture of the judgment formality needs to be constructed.