On The Impact Of Public Opinion On Sentencing

In the background of the judicial reform, sentencing is walking gradually out of the corner that is forgotten, and into people's field with concern. Sentencing, has been carrying people's wish for judicial justice, and its vision in the law's balance is filling public opinion. It should undertake both respecting the law and meeting people. Sentencing standardization, as the important content of the judicial reform, order to pursue appropriate, open and fair sentencing, and avoid the imbalance situation such as the same sin to different terms.However, in the age of information explosion today, with the development of society, science and technology and the rule of law forward, the people's right consciousness is raising, and the expression of the will has more and more channels. People's views in a series of major cases, have large influence beyond their imagination, which effect sentencing consciously or unconsciously. Public opinion include the rational thought and perceptual feeling, and has legal and ethical understanding in the specific cases, so it is right or wrong. In Chinese current national conditions, public opinion could not ignored totally. The appropriate way is that seek a balance point between public opinion and sentencing, that is, the basic rules of sentencing are respected, and the appropriate public opinion is considered to be introduced into sentencing procedure, which can play its positive significance, to promote fair sentencing.Take the Yaojiaxin case as the example, based on the current situation and practice in China, this paper trys to seek a harmonious way between public opinion and sentencing , which analyse firstly that public opinion should influence of sentencing or not, through deeply reading public opinion and the relation between them, and analysing emphatically the problem and value between them, and drawing from similar foreign lessons.There is three parts in this paper. The first part is posing problems from research direction, which extracts the focus that public opinion should influence of sentencing or not, combined with the Yaojiaxin case. It also expounds several academic views and their respective basis from the view of scientific theory and judicial practice. The second part is analysing problems, which seeks positively the mechanism of public opinion influence sentencing that suitable for Chinese national conditions, through reading public opinion and the relation between them in the view of the criminal law to discuss the supported view, and combining with the similar foreign experience and the domestic legal status. The third part is solving problem based on the above, which summarizes research conclusion, that is, in the current situation, public opinion could influence sentencing in some extent.