The Influence Of Popular Will And Public Opinion On Sentencing

In recent years, with the rapid spread of information and the growing public awareness of the law, the influence of popular will and public opinion on criminal justice and sentencing is growing. This effect often can not be avoided, and has certain rationality. By comparison and discrimination, we found that popular will and public opinion are two different conceptions, public opinion does not necessarily equate to real popular will. But only real and positive public opinion will have a positive impact on sentencing, so we should establish a series of effective public collection, screening and guiding mechanisms, to make sure that the popular will is true.Firstly, the broader definition of public opinion almost has the same meaning with the popular will, all refer to public opinion; the public opinion discussed in this article only refers to "public opinion of media", which pay more attention to the role of the media in the dissemination and integration of public opinion. In this context, relationship between the two is that the public opinion expresses and reacts in popular will. In the context of the criminal justice, these two concepts reflect more criminal relevance. Secondly, through analysis of typical cases, we found some common characteristics about related cases, and then find out the negative factors. Thirdly, based on the analysis of the case, the article reveals the specific mechanism of action, the nature and consequences, among them, the impact of public opinion on sentencing mainly reflected in the media’s influence. At last, to solve the problems, we propose a series of measures, which includes determine the scope of popular will and public opinion, establish standardized collection and treatment system of popular will; establish an effective mechanism to guide and response to public.