The Analysis Of The Case On Defendant Liu's Injury Bears

Conviction and sentencing is an important activity of criminal justice. In the modern country under the rule of law, the principle of legality is not only the basic principle of criminal law, basic requirement of rule of criminal law, but also the fundamental way to achieve equality of the criminal law. However, in specific judicial practice, the principle of legality has not been well represented and the problems of unfairness in conviction and sentencing are often seen. But under the formal legality, why would this phenomenon happen and how can we explain the unfairness of conviction and sentencing? In my opinion, the existing researches mostly begin from jurisprudence perspective of the conviction and sentencing, and many scholars have tried to analyze and study to identify the reasons for unfair conviction and sentencing from the perspective of jurisprudence. However, the conclusions can not entirely explain the phenomenon of the unfairness of conviction and sentencing from the perspective of jurisprudence. As we know that law is a kind of social science, while the criminal law is a subject with strong applicability and fundament.the problem of unfair conviction and sentencing is a social problem in juridical practice.As far as I am concerned, perhaps the real reasons of unfair conviction and sentencing are able to be found, if we study the conviction and sentencing from social perspective, and concern the impact of social structure of specific cases in practice. Therefore, this thesis is based on a case, combined with the knowledge of sociological theory of cases, tries to analyze social structural factors of the case, and further demonstrates the impact of social factors on the conviction and sentencing.This article consists of four parts:In the first part of the article, a basic description of the case of Liu's injuring bears is presented.In the second part of the article, the author analyzes whether Liu's action constitutes to a crime, what crime Liu's action constitutes to and whether the conviction is appropriate from the perspective of jurisprudence.In the third part of the article, combining the relevant theory of judicial case sociology and research production of home and abroad, the author analyzes mainly the impact on conviction and sentencing from the factors, such as news media, legal experts, judges and litigants, from a sociological point of view.In the fourth part of the article, the author analyzes the theory of conviction and sentencing from social factors, and proposes a solution which can lower or avoid the impacts.