Transformation Of Civil And Criminal Cases Criminal Sentencing Into Public Opinion Survey Report

In the period of social transition, due to various conflicts perplexing, cause people tocriminal cases is increasing. In recent years, some people turn punishment case due toimproper handling, leading to petition complaint continuously, affect social harmony andstability. Civilian turn punishment crime occurs because the dispute has not been resolvedtimely and effective, the parties rancor and, contradictions caused by. The special causes andon the lives of people with special effects, the people’s Court of the defendant, the victim andthe masses have a more far-reaching implications, namely the people’s legal awareness andbeliefs, the trust, the formation of ideas will guide the people’s daily behavior, on the theconstruction of a harmonious society, maintain social stability plays an important role in.Since this kind of case in sentencing affects social harmony and stability, so when sentencingwill public opinion penetration in which, social effect will how? The author conducted a fieldsurvey, obtained more detailed data, gives the analysis of civil disputes to the reasons of thecrime and the penalty situation and influence, pursuing this case to punish law, affinity to thepeople, politics. The sentencing laws and public opinion in the legal sanctions, and thepublic’s expectation and the value orientation is almost consistent, thus prompting peopleconvert to the faith to the law, realize the law applicable to the social and political effects ofunity.This paper takes the Kaili City People’s Court on2011the trial involving civil disputes tocriminal cases for the investigation of samples, analysis the feasibility of sentencingpenetration of public opinion, the effect and the existing problems, put forward on thisfoundation when sentencing permeability opinion countermeasure, seek legal opinion on thereference and the opinion on Legal belief of refuge. The full text is divided into five chapters,the main contents are as follows:The first chapter, the purpose and significance. On the sentencing in the range caused bypublic opinion and legal game, regardless of the legal success or victory of public opinion andclosed, its social effects and legal effects and political effect not good unity, the author thinkthrough empirical investigation to solve the trial sentencing achieve legal effect, social effect,the political unity of effect, also have advantageous to the rule of law and the construction ofharmonious society. The second chapter, to investigate the location and method. The survey of Kaili CityPeople’s court and the Kaili detention center and the Qiandongnan state the relevant personnelas investigation object, through questionnaire survey and consult the case files and relatedpersonnel exchanges to collect materials.The third chapter, survey results. The Kaili City People’s court trial of civil and criminalcases in2011to the overall situation, the criminal psychology, criminal causes, sentencing,infiltration of public opinion, public opinion and way into effect make explanation.The fourth chapter, analysis and discussion. Mainly from the legal theory and the legallaws and regulations and national criminal policy combining the investigation materials,discusses the civil disputes to criminal causes and characteristics, the main dispute occurred inthe acquaintance of native between and among family members, disputes and crimes againstmembers of society and influence of impression is deep; analysis of the possibilities andrealities of sentencing guide public opinion effect, the case of sentencing permeability opinionis to support the theory,there are legal and criminal policy support, is conducive to thebuilding of a harmonious society under the rule of law; however, the problem is every judgeon opinion inconsistent understanding, penetration level is not balanced, causes the unfairsentencing.The fifth chapter, conclusion and suggestion. Civil disputes to the criminal cases in thedefendant’s measurement of penalty by the people’s jury trial, NPC deputies and CPPCCmembers to observe and comment on, will case to the National People’s Congress or theStanding Committee of NPC, or committee report for advice, insist on the legal principle ofappropriate will public opinion into sentencing laws, to achieve effect, social effect, thepolitical unity of effect.We expect this research can play a role, so that more scholars and comrade in practice toparticipate in civil disputes, attention to criminal sentencing issues, for the criminallegislation, criminal policy make provide empirical basis, let justice for the people to fall toreal point.