论刑事司法公众认同缺失的原因

摘要

行政与司法的二元化模式是刑事司法公众认同缺失的制度原因。立法的精英化与司法评价的平民化是刑事司法公众认同缺失的主体原因。刑事判决技术化过剩而判决伦理化缺失是刑事司法公众认同缺失的法律原因。%Administration violation and criminal justice are independent structures in China which cause deficit public acceptance of criminal justice. Legislation falls in the hands of some elites while assessment of justice are carried out among the general public, which is another cause of deficit public acceptance of criminal justice. The legal cause for deficit public acceptance of criminal justice is the fact that criminal judgment is specialized and the public can not express their ethical feelings.