Irrational Expression Of Public Opinion In The Criminal Justice Of Our Country Law

In recent years, public sentiment is strongly involved in a series of cases in the criminal justice in China. The author attempt to analyze these phenomena, combing the characteristics of public performance of China’s criminal justice, interpreting these features in the respective of law, hoping to be more comprehensive view of public opinion in our criminal justice performance.The article is divided into two parts. In the first part, firstly outlines the concept of public opinion, public opinion is the sum of broadly similar views held by most members of society relating to public affairs or phenomenon, emotional and behavioral tendencies. And then summarizes the characteristics of our public opinion performance in criminal justice, that the following features:perceptual and emotional,fuzzy and variability,motivational diversity, vulnerability to misleading, the public opinion of the simple justice emotion is not necessarily representative of social justice. And the five aspects of characteristics basically can be summed up as a characteristic, namely the irrationality.In the second part, first of all, the irrationality of public opinion in our criminal justice jurisprudence illustrates that is:indifferent of the presumption of innocence awareness; weight entities or result of justice and ignore the procedural justice, objective facts and legal facts are not divided; violate the basic legal principle, regard social law and situation status incidence of the kinds of crime and the defendant’s social background as the basis of the evaluation of gravity of the offense; overly concerned with the punishment of criminals while ignoring crime prevention, the blind worship of the deterrent effect of penalties; ignore certain parts of the defendant rights and sympathize the other part of the defendant particularly, even think it is not a crime. I think the irrational performance mainly reflected the public discontent with the reality. Then focus on the limitations of the penalty, the negative effect of the penalty and clarify the misunderstanding of the so-called "troubled times with heavy penalties", and then explore the history and reality reasons of heavy penalty emotions of public opinion, trying to get rid of heavy penalty emotions of public opinion. Then discuss how to influence the public opinion on the attitude of the offender from the defects of penalty system, the execution of punishment and reprieve system. Finally, reflection on the phenomenon of the so-called "victory of public opinion" in the criminal justice, it’s not the victory of public opinion, but led to more miscarriages of justice and further undermine the independence of the judiciary, and missed lots of chances which solving the problems that cause the public opinion dissatisfaction fundamentally, and public opinion had been a complete failure.