The Necessity And The Reasonable Limit Of The Criminal Legislation To Respond To Public Opinion

Public opinion and legislation, the relationship between the two since democracy was born has maintained a delicate relationship. In a democracy, the legislative process is an important characteristic and is always accompanied by public participation, which in our country legislation also got be reflected adequately. In February25,2011Eleventh National People’s Congress Standing Committee of the nineteenth session of the criminal law amendment (eight), which added on crime of malicious wages, crime of dangerous driving, crime of food supervision dereliction of duty charges and so on.Before the criminal law amendment (eight) published, the draft in the community has aroused extensive discussion. Social public opinion and the experts and scholars hold different views. From the draft discuss greatly to criminal law amendment (eight) into the ultimate legislative procedure, public opinion on these charges add plays a significant influence, undoubtedly, the new charge establishment by public opinion influence. Similar events such as the" corruption is death"," seventy-five years of age is not suitable the death penalty "and other issues of social discussion. In these provisions of the penal code is generated in the course from beginning to end, which has been associated with a variety of sounds, a support, having opposed, also have a wait-and-see. In the process the authors always think about a problem:what kind of role should the public opinion play in the process of criminal legislation. How to deal with the relationship between criminal legislative and public opinion between the process of criminal legislative activities. This paper wants to mainly around the theme.This paper uses empirical analysis, value analysis and other methods, integrating theory with practice, using the materialist dialectics thought, study of the dialectical relationship between response to public opinion and criminal legislation.In-depth analysis the relationship between the reasonable limit and necessity of response to public opinion of criminal legislation. First analysis the legitimacy and necessary to respond to public opinion of criminal legislation. Then analysis the reasonable limits of responding to public opinion of criminal legislation. First analysis the risk of excessive response to public opinion between the process of criminal legislation, and then analysis the response to public opinion between the processes of criminal legislation should maintain a reasonable limit. Finally from the path choice for further research on the criminal legislation by the specific way to respond to public opinion. Through a series of arguments, find out that how to correctly handle the criminal legislation and responding to public opinions between the two conclusions.