The Role Of Popular Indignation On The Sentencing

As a social phenomenon in the practice of criminal justice, the popular indignation means a situation cauded by criminal behaviors that a certain number of people put pressure on the judiciary through varieosu ways out of lawsuit, on purpose to affect the process of judicial activities and results, and ultimately to maintain the justice or other interests. The popular indignation has been playing inevitable impact on the sentencing, and derives various legal issues. Owing to our unique social system and policies, in addition to misunderstanding of legal staff on the substance of the popular indignation and the relationship between it and sentencing, many wrong cases, unjust case and cases with malaise punishment were caused.In order to accurately understand the substance of the popular indignation and grasp its essence positioning at the sentencing process and to sentence on fairness, penman defines popular indignation and analysises the causes based on previous research and the reasons that the sentence has been influnced by popular indignation. Moreover,penman comments on sevaral different views whether to consider public discontent on the practice of sentencing,and then points out that popular indignation can not be the circumstances of sentencing, on basis of both law and popular indignation itself.Finally, penman analysis the reasonable element of popular indignation that as a social phenomenon and investigates guidance of popular indignation.