The Path Selection Of Public Opinion In The Application Of The Death Penalty

In recent years, the "public opinion wave" swept under the case of manydeath penalty cases, such as Yao Jiaxin case, Liu Yong case and so on. All thiscase experienced opera to trial course, obviously public opinion affect theoutcome of the trial. However, affecting public opinion of these cases iscarried out mainly through the Internet and other non-institutionalizedchannels, and this way not only has many problems, but also like a blow tothe independence of the judiciary. So, many scholars chant and resolutelyput an end to the public kidnapped judicial, to be absolutely neutral judge.However, contrary to expectations, the trend of public opinion, as ifunstoppable surging river, directly or indirectly affect the administration ofjustice. I believe that receptive to public opinion in the application of thedeath penalty has a legitimate basis, ignoring the value of public opinion,disregard of national conditions; the political situation of the public opinion toexclude the death penalty applies to the undesirable. Triggered by a series ofquestions by the public opinion at this stage in the application of the deathpenalty, its root is the lack of public opinion in the application of the deathpenalty process in a rational expression system, therefore, it is imperative thatwe should explore the application of the death penalty by what pathexpression of public opinion in order to better resolve referee the conflict ofpublic opinion and the death penalty, and the harmony of the public opinionand the death penalty, resulting from the fundamental solution to socialconflicts. The structure of the paper consists of the following five parts:Part one, describes the concept and the formation of public opinion. Thissection provides a brief exposition of the origin, the concept of public opinion,and related concepts Discrimination and the basis of the formation of publicopinion and expression.Part two, discusses the legitimate basis receptive to public opinion in theapplication of the death penalty. First, public opinion is the basis of theexistence and application of the death penalty system, this basis requires theapplication of the death penalty process should be receptive to publicopinion; Second, the death penalty applies to the basic requirements of amodern democratic society receptive to public opinion, the first feature of democratic society is to give ordinary people equal rights to participate insocial management, the second feature is the right to public participationmust be effective, and can have a material impact on the finaldecision-making, democratic society, these two characteristics requirementsmust absorb in the application of the death penalty process public opinion.Part three, analyzes the current situation and problems of the opinionexpressed in the application of the death penalty in China. First, by ZhangJinzhu case, the Liu Yong case analysis of the status of this stage of publicopinion had a direct or indirect impact on the administration of justice andthis influence in ways contrary to the independence of the judiciary, andmany other disadvantages; second opinion, at this stage the application ofthe death penalty in China channels of expression issues, includingnon-institutionalized channels and institutionalized channels, concluded bydiscussing the lack of an effective system of public opinion to absorb at thisstage of the application of the death penalty in China.Part four, institutionalizes the way to clarify the public opinion must takethe application of the death penalty in China. First, go institutionalized waysthe best way to make up for the death penalty applicable standards are notclear; the second go institutionalized way to the death penalty referee socialidentity; Third, go institutionalized way to the basic requirements of theindependence of the judiciary; Fourth institutionalized way to overcome thedefects of non-institutionalized ways panacea.Part five, puts forward the idea of the voice of the people institutionalizedway to build the application of the death penalty in China. First, for theapplication of the death penalty in the choice institutionalized ways toexpress public opinion, I read a lot of domestic and foreign material thatdeath penalty jury trial system is best institutionalized way. Reasons: first, thejury trial system is the pillar of the democracy of Justice; second, the jurysystem is an effective means of restricting the powers of the court; third, thejury system is the crystallization of human wisdom. Secondly, the author forChina’s national conditions designs suitable for China’s death penalty jury trialsystem.