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理论界对于量刑过程是否应当考虑公众情感这一问题的看法众说纷纭。然而,在司法实践中,公众情感因素能够对量刑过程产生微妙影响却是不争的事实。实质上,从量刑的目的与根据双层次考量,可以对该事实提供理论上的支持。就目前的司法现状来看,公众情感因素影响量刑主要存在两种路径,即第三方权力介入型路径与情感沟通型路径。而后者才是通往实质正义的、符合法治的健康路径。在具体操作上,可以构建量刑听证制度等与之匹配。
There are many different opinions in theorists about the question of whether the sentencing process should consider public emotions. However, in the judicial practice, it is an indisputable fact that the public emotional factors can have a delicate influence on the sentencing process. In essence, the purpose of sentencing and the double-level consideration can provide theoretical support for this fact. Judging from the status quo of the current judiciary, there are mainly two ways in which the sentencing of public emotion affects the sentencing, that is, the third-party power-involvement path and the affective communication path. The latter is a healthy path to substantive justice that is in line with the rule of law. In the specific operation, you can build a sentencing hearing system to match.