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The Again Discussing Of The Public Anger Factors Which Involved Into The Criminal Trial Activities

Posted on:2014-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y BaiFull Text:PDF
GTID:2246330398469252Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
It is a noncommittal fact that the public anger already exists in the criminal trial activities. The public anger involved in numerous of criminal trial cases since ancient time of China to the contemporary society. The size of public anger reflects the extent of the damage of the crimes on people’s pre-existing values. it is the severity of externalizing of the people’s psychological and original value’s imbalance due to the impact of the crimes; at same time, the size of the public anger reacts the severity extent of the negativity crimes evaluations, it includes the desires of people to punish the crimes in order to restore the value of the strength. Therefore, it should be promoted the effects of the public anger which should be considered in the criminal trial activities. The another statement negative the public anger can be the basis of the sentencing, and it has no evidence to use the presence and size of public anger as an important consideration to make sentences not only on the theoretically but also on the legal principles, in addition, it is a contrary to the general, such view sees it has many unreasonable areas that using the public anger as one of the factors to affect the sentencing which according to the reality of social conditions. It is not conducive to the judicial organs to exercise judicial power independently in accordance with the law, and it also violates the principle of the judicial organs exercising the judicial authority independently which is in accordance with the law according to Chinese laws.This article will set about from the public anger’s causes and the basic existence aspects, analyze the role played by public anger in the criminal trial activities. Emphasize analyzing questions which worth exploring the public anger problems during some activities of the criminal trials and how to deal with public anger factors in the activities of the criminal trial, in order to find the combination of the two points, and making contributions to the criminal trials.
Keywords/Search Tags:criminal trials, public anger, the legal advices of the experts, discretion
PDF Full Text Request
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