China 's Criminal Judicial Response To The Construction Of Public Opinion

In recent years, public opinion in the criminal cases in judicial influence appears day by day, and at the same time, the judicial trial for the attention of the public opinion has been improved to judicial policy level, and in practice, gradually be promotion, and then become a important content of the reform of the judicial. But from the logical point of view, in the judicial field is often a public opinion or involving lawsuit involving public opinion, and the formation of starting point is often self emotion, it is the public may mood polarization tendencies have reflected on the height of the punishment of attention; Public opinion may bring criminal judicial many negative effects, and criminal judicial characteristics and requirements determine the public opinion in which no effect of space, in the penalty power can’t guaranteed to the victim of circumstances, guaranteed to public opinion is possible to imagine. So if allow criminal justice to public opinion compromise, seems to be maintained the social stability, actually is a sacrifice the whole legal justice for the price, the expense the dignity of the law and the authority for the price, and the end result is that the law can be arbitrary interpretation.Even if the current criminal justice in response to public opinion has many defects and the insufficiency, reason has the judicial idea, system and system level problem. Criminal judicial response to the construction of public opinion mechanism is still very necessary, mechanism construction is a system engineering, it is necessary to construct the court primarily mechanism, the media and the public, synergy mechanism, and optimization, break through the current mechanism, make public opinion and criminal justice in communication and coordination for mutual understanding and support, to reduce the vibration of the society, to reduce the social cost, to improve judicial efficiency, guarantee the judicial justice, promote judicial credibility, realize the harmony of criminal justice and public opinion.This paper is divided into five chapters, as follows.The first chapter analyzes the criminal judicial response to public opinion the inherent defect, mainly from public opinion itself and the Angle of criminal judicial trial, and points out that the public opinion and criminal justice in logical fundamental conflict process.The second chapter presents the domestic scholars for criminal justice system response to public opinion of the main point of view, and the effects of the criminal justice system in the United States.The third chapter is on the criminal justice response to public opinion premise discussed, i.e., the regulation of public opinion and refining. Public opinion, especially network public opinion, because of its vulnerable to maneuvering, emotional polarization tend to wait for a characteristic, need from the government, website and the public to control their own and other aspects, in order to achieve the goal of rational public opinion. At the same time, based on deliberative democracy to refine the public opinion.The fourth chapter expounds our criminal judicial response to the construction of public opinion mechanism. From the court primarily mechanism to the media and the public, synergy mechanism structure, and finally puts forward the optimization of the current mechanism and breakthrough.