Criminal Trial In Public Opinion

In recent years, with China’s social transformation and the promotion of the reconstruction of law, the contradictions which come in to being between criminal justice and public opinions in the judicial activities become more and more prominent, and often expressed in intense form. Public opinion is not only torture every stakeholder’s soul including the judge’s, but also shook the whole criminal justice system. From the "Liu Yong Case","","Sun Zhigang case" to "Xu Ting case","Wu Ying case","Deng Yujiao case", all show us that, public opinion has bring great influence on China’s criminal justice system. Although public opinion caused a certain conflicts on the criminal trial, but the public opinion and criminal trial are consistent in the target direction, that is, to maximize the realization of judicial fairness and the justice. Therefore the two should not be antagonistic, but should be promoting each other. Therefore, in the criminal justice process, we should not reject, resist, escape from public opinion, but should actively to listen, to absorb, to respond to public opinion, and we should build the reasonable process to filtrate and restrict the public opinion. Absorbing the public opinion in the judicial trial can strengthen the judicial democracy and the possibility to accept the criminal sentence. However, even the public opinion on the criminal justice has great value and big function, the opinion is still not equal to the law, they can not replace the law. In China, judicial independence is fragile, and the people not trust with the sentence, at the same time, public power can easily affect the judicial power. With this circumstance, we should not put great importance on the public opinion judicial. In the process of criminal trial, the judge must adhere to the principle of rationality of the law and the principle of independence in the trial, taking a careful attitude to absorb the reasonable and effective public opinion and to determine the basic range of the public opinion in the criminal trial. Only trough this, the good interaction between the public opinion and the criminal judicial can be built.