Realization Of Fair Conviction By Public Opinion

In this dissertation, starting from the analysis of public opinions, we study theproblem of how to achieve a just conviction. Thinking about the problem that stemsfrom the aggravation of public opinions on the impact of a criminal trial in recentyears. The public express their views in a criminal case through various channels，and convey them to the department of criminal trials through a variety of methods.This gives them a certain pressure, and affects the outcome of the convicted. Thenegative impact of public opinion must draw our attention. Severe due to theseriousness of the consequences of a criminal offense, criminal penalties, once acriminal trial error, the result is either the connivance of the crime, or errordeprivation of liberty or even life indirectly lead to the negative impact is morewidespread and severe. Therefore, to achieve a fair conviction is particularlyimportant to maintain social order and protect citizens’ legislative rights and interests,and also the proper meaning of the socialist society under the rule of law.Conviction is also known as the Crime. According to criminal law, it is a kindof confirmation and judgment on whether an act constitutes a crime, what kind ofcrimes does the act constitute and whether it constitute a misdemeanor of felony.Fair contains equality and justice. Justice in criminal trial field should refer to thefair trial of criminal suspects. It repairs the social relationships which damaged bythe offenders，and does not give the offenders unfair trials on behalf of the nation atthe same time. Fair conviction should not only include the entity justice, but alsoincludes the procedural justice. It should avoid outside influence, and insist onmodesty and authority of the criminal law, procedural justice to ensure theachievements of the substantive justice. Discussions in this paper are the publicopinion in the Criminal Trial Context, which has a specific geographical traditionand background, and the external characteristics of the main expression of thebreadth and diversity of forms of expression.In addition, the public opinions in this paper have a certain influence on conviction activities. Correspondingly, resulting in the tangled events of publicopinion and criminal cases, we call it the event of criminal-related public opinions.Summary and analysis of such events is the material and the basis of our study onpublic opinions. In recent years, such events gradually increased. With a largenumbers and significant impact, the impact of public opinion on criminal trial cannot be ignored. In general, this effect is not conducive to achieving a just conviction.We should take measures to guide the public express their views reasonably in acriminal case. Based on the course of the outbreak in these events, we can make aclear analysis of the criminal-related public opinions outbreak deep socialbackground, the contradiction between the root causes of people psychological,logical thinking and social consequences, and also more conducive to a profoundsummary of public opinions and we know it’s inherent features and attributes.Clearly definition of the public opinions context and backgrounds, and analysis ofthe characteristics involved in the criminal public opinions events allow us tounderstand and recognize as inherent characteristics of the public opinions better:basis of the simple moral sentiments; root causes of the deep social contradictions;emotional expression; criminal cases cognitive specialization; the impact of themedia; variability; and intention to sentence the criminal justice sector breakthroughand so on. We are deeply aware of these inherent characteristics of public opinions;it is not hard to understand why public opinion would affect the conviction.When discussing the objective impact of public opinions on a fair convictionand deep logics in detail, we should make it clear that what we are searching for isthe justice of fair conviction, and then analyze the subjective consciousness andlogical basis that come from public opinions, furthermore construct the role of publicopinions in the criminal trial process, and finally clarify the positive and negativeimpacts of public opinions against conviction. According to the research on theseissues, it is easy to find the problem of the public opinion in its process of generationand transmission in the conviction process, so we could propose targetedrecommendations and take reasonable measures to guide the public opinion andachieve a just conviction. The seriousness of the criminal trial determines thefirmness of achieving a just conviction, and also the criminal trial of zero tolerance for public opinions’ negative impact. Therefore, the subject of departure from thepublic opinions shows that the study how to achieve a just conviction is morepractical significance. Consequently, we found four main factors that determine thegeneration, transmission and significance of public opinion: the public, the media,criminal justice and the power sector. That is the key for us to solve the problem thathow to realize the fair conviction on public opinions. Finally, based on the previousanalysis of the public opinions, we put forward the recommendations for therationalization of the public, the media, criminal justice, and the power sector. Themain point is how to guide and rationalizing the public opinions in the realistic levelof consciousness in order to divert the public opinions, eliminate the negative impactof public opinions against conviction, get the fair value of the conviction, andachieve win-win situation between the public opinions and fair conviction.