By The Influence Of Public Opinion On Trial

With the progress of the legal institutions in China,people’s demanding forjustice is more obvious than before.When the cases are closely related with thepublic,they feel somehow that is related with them,they will actively participate in thediscussion of the case in order to get the fairest outcome.The purpose of this article isto analyze the public opinion formation process.Especially the relationship betweenpublic opinion and the trial.Through in-depth analysis of the form of public opinion,we understood thatpublic opinion formation process.First of all, public opinion formation based ongroups.The group is under certain conditions,different individuals for the commonactivities to form a trend of following the most and affected by a special set andstatus.When it is under some certain conditions,the group will act completelydifferent from some of characters of these individuals.including:after individualpsychology disappeared,there will be a formation of a special kind of grouppsychology,These people who have the same collective psyche will be involved intoan organized psychological group state;Conscious personality of the person in thegroup will gradually disappear,unconscious personality will gradually come up;and aphycology of following the most. These characteristics of the groups of publicopinion has some obvious characters like:moral and variability,emotional-changeablethey are easily guided by external factors such as media or the opinions ofexperts.Second, media has been a very catalytic factor for people’s opinions.Becausethe media reported that the selectivity itself has features such as content, depth, themedia reported the results of effectiveness.It spread powerful informationdissemination,it definitely play a role in fueling the formation of publicopinion.Thirdly, the expert opinion’s factors:the authority of the experts is a certainaspects,they had inevitably impacted on the formation of public opinion isunignorable. The analysis of the based theory of public opinion mainly includes the analysisof the source of freedom of opinion and the analysis of legal basis for publicopinion-freedom of opinion.The interpretation of the idea of freedom and freedom ofspeech theory to study the theoretical basic of discourse opinion.People own a natureof free, only have free talent can be called people,a free man has to different things,and the evaluation opinions to be meaningful.It was also in this sense, only one hasthe idea of freedom,in view of its face published its own view objects,after a certainway interaction, these views achieve the kernel common understanding, they form agroup in the sense of public opinion.Freedom of speech is the constant developmentof human society and guarantee for,to individuals for freedom of speech for thehealthy growth of the people to provide a better environment,for society free speechto maintain social stability.In the field of justice,the involvement of public opinion had inevitable impactedon various aspects of judicial independence, judicial impartiality and judicialauthority.Public opinion affects the independence of the judiciary not only in theopinion of the executive also forced the administrative authorities in order to stabilizethe pressure,the independence of the judicial power was influenced by the name of"Qu xian jiu guo".Public opinion is prior to trial in cases of a preconceived moralevaluation of a direct impact on the awareness of the trial and people’s assessors ofthe case.Public opinion affect the course of justice is mainly reflected in thesubstantive justice and procedural fairness effects.Public opinion affects thesubstantive justice mainly affected the final verdict of the case.The impact ofprocedural justice is reflected in the referee’s neutrality and procedures affecting theautonomy.The impact of public opinion on the judicial authority is reflected in thefairness of the results of the independence of courts and judges status, as well as thereferee.The positive impact of public opinion on the trial is the ability to supervisejudicial officers and people’s assessors is able to promote openness and transparencyof the trial and public opinion is helped to the unity of legal effect and socialeffect.The negative impact on public opinion is hindered the independence of thecourts and the independence of judges,prejudice to the trial proceedings and theoutcome of the trial, also weaken the authority of the judiciary.For the negative impact of public opinion on the trial,I prevention study from the institutionallevel.Such as, the perfect off-site under the jurisdiction of the system, improve thejury system, to strengthen rational, and to improve court spokesman system.The innovation of this paper is mainly on the study groups,because the basis ofpublic opinion is a group,only groups in-depth research in order to form acomprehensive opinion.Based on the group concept from Gustav Le Pen’s，Specificdiscussion of the psychological characteristics of non-individuation of the groups，andgroup psychological factors affecting,the role of leaders, the special group norms andgroup decision-making mechanism, etc.Drawn by all the people groups of theemotional nature of public opinion, it is easy to guide the nature of system and otherproperty.Focuses on the relationship between public opinion and the trial of publicopinion and the independence of the judiciary, the relationship of justice and judicialauthority.More comprehensive discussion of the impact of public opinion on bothpositive and negative aspects of the trial.