On The Significance Of The Criminal Law Of Public Emotion

In recent years, with the development of new media, an increasing number of judicial cases, especially the criminal cases turned into "Public events" through the traditional media and the network communication channels. Overwhelming pressure of public opinion makes the judiciary faced with strong pressure on public sentiment. In fact the public emotion has been impacted on the criminal justice. The aim of this article is to prove the significance of the public sentiment in the criminal justice through this study on the impaction.To discuss this problem must first be placed it under the process of the rule of law in China. This process in the judicial field is also summarized in the choice of the democratization of the judiciary and the professional of the judiciary. It is on this basis, we can see the impaction that the public sentiment to the rule of law in our country. The author looks the public sentiment as an important factor in China's construction of the rule of law, and try to analyze the impaction of the emotion from the public on the judicial impartiality, the judicial skills, the expection of the public ,the fact that the administration of justice, the concern of justice, the popularation of the lefal culture. Through the analysis, the article would eventually return to the subject of the rule of law in china, and to answer the significance of these effects.Of course, introduce Xu Ting case and has done an analysis of specific, on the one hand is to test the series of studies in this article, on the other hand is to response the research of senior scholars had done in this area. We will see, the difference between small-scale discourse caused a huge difference in the cases ,the difference just as strong as the two sentences in contrast. The author analyze the controversy that caused by the case of Xu Ting, then give an interpretation that the role of the public sentiment in the judicial decisions of this case.The focus of this paper is, what are the experiences that we have gained in the contradictions in China's judicial. That is, in the first sentence the court is so far away from the expection of the public, and the second sentence is so far away from the first sentence, then, where is the legal foundation of the judiciary established? As judges, prosecutors, lawyers and other legal professional groups to determine, why so far away from the general public to judge? What the role the public sentiment is play in this case, as well as, what is the special meaning that the public sentiment to the process of the rule of law, and what the meaning to our criminal justice in particular?Finally, the author just try to put forward mechanism in practical applications that the public sentiment to the criminal justice, and to give its own opinion in aframe. The contribution of this article may not be conclusive, but the method of nature, is based on the reflection of the rule of law and democratic.