The Influence Of Public To Discretion Of Punishment

Public opinion in the evaluation of the cases aways stand different stations with the judicial, if the eventually sentence will be similar or same with the public opinion, the public will be more easily able to stand together with the judiciary, but in the real life lots of cases results is inconsistent with the public, especially the social influence is large, and the case of social concern is above the average, which may lead to public opinion have some conflicts with the judiciary. We know that the public and the legal workers with the different veiws in the same case,the law workers should based on the facts and laws as the criterionand strictly comply with the judicial process, the finally sentence should stand the test of time and the witness of history; but as an ordinary people , they look at some of the cases, the simple and universal sense of justice was reasonable to occupy their thoughts,they see more cases of criminal justice is concerned with the case itself, with little consideration factors sabout the case. Therefore, the conflict between the public and the judiciary is an objective reality, we should take a dialectical to this phenomenon, we shouldn't arbitrary to say this phenomenon is good or bad. With the high development of today's people-oriented society, the public has the freedom to express their wishes, and the public opinion should be involved in the justice procedure, we should make a clear formulate to help the public get into the judical procedure, and have a correct guidance to the public opinion, on the hand ,we should give the public have freedom to express their wishes ,on the other hand ,their wishs should comply with the law, we need to push reasoning effectively in verdict process,hence the positive interaction between publicopinion and the administration of justice.Except foreword and conclusions, the thesis consists of the following four parts:The frist part: the brief introduction of public opinion. This part first gives an in-depth analysis about the concept, characteristics,value ofthe public opinion,in addition,this part introdition the model and the socity of the public opinion,through compare with the westen countries found the achivement of our country;in the last,this part stand the sentencing responsibility adapt between crime and justice station comment the quality and significance about public opinion.The second part:Introdition different countries about this aspect development.Frist of all,this part have a deliberate introdition our country's achivement in the recent years and found the insufficient about this part;in addition,this part give a emphasis analysis about westen countries achivement about this part.through contrast with other countries hope our country can have a better development in this part.The thrid part:Investigate and analysis the typical cases.Firstly, this part through talk over typical cases have draw the public attention which happended in recent years and have a objective discussion;secondly,through talk about these cases found the influence of the public opinion and have a summary about these cases.The four part: The countermeasures about perfecting social public opinion to sentencing influence. Firstly ,this part insist the sentencing responsibility adapt between crime and justice and have a comprehensive analysis about public opinion ; Secondly ,this part have a completely inquire about people's juror system and building a perfect social public intervention mechanism, discussion the necessity about this part. This part is a summarizes of the full text, through discussion and analysis the text presents some opinions or suggestion of the authors and hope can give some help to slove this problem.