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The Influence Of Public Opinion In Criminal Trial Activities

Posted on:2014-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y WuFull Text:PDF
GTID:2296330425978773Subject:Criminal law
Abstract/Summary:PDF Full Text Request
Public opinion is the group opinion about the society and all kinds of social phenomena, which is uttered by social group. It makes effect on the development of society and the related events. In recent years, with the development of information technology and the rise of law consciousness, people have pay more and more attention on the criminal cases, on which the discussion always hits the headline. Fierce public opinion on crime cases does have a considerable effect on the criminal trial activities. The formation of public opinion has its own features. The public opinion in the criminal trial activities plays a role in the supervision process to protect the justice and resist the judicial corruption. However, it does have the negative influence on the judges’ independent jurisdiction.Principles of Marxist philosophy shows that everything has its unique objective rules in the process of formation and development, so does public opinion in the criminal activities. This essay tries to set WuYing Case as an example to discuss how public opinion arises, develops, and affects the final trial. On the base of the deep discussion of the influence and the functions of public opinion, it puts forward reasonable proposals about the influence of public opinion on both sides.The essay is divided into three chapters. The first chapter has three parts. The first part defines the connotation and the extension of public opinion. The second part expounds the pros and cons of the relationship of public opinion and judicial independence, while the third part introduces the formation of public opinion in the criminal trial activities in three aspects, the desirability of restriction of power, the expression of public opinion, and the guarantee of the judicial credibility.For the WuYing Case’s example, the second chapter discusses the functions and the influence of public opinion in the criminal trial activities in three aspects. The first part introduces the public opinion on WuYing Case and explains how the opinion promotes the case. The second part analyses the pros and cons of the influence of public opinion in criminal trial activities. The third part analyses the patterns of the influence of public opinion in criminal trial activities. They are the expression of public demands, the judges’thought patterns and the supervision of CPC and NPC.The third chapter expounds how to deal with the relationship between the criminal trial activities and public opinion in two aspects. Firstly, it is good for public opinion to play a role in criminal trial activities. The legal education evaluation helps people promote their legal values. The supervision of public opinion encourages the criminal trial activities to become standard and transparent, and ensures the guarantee of the judicial credibility. Secondly, it is need to protect the justice and avoid the negative influence of public opinion or trial of opinion. Under this condition, people must be informed related information of criminal trial activities and avoid the formation and the spread of incorrect opinion.In the end, it comes to the conclusion that public opinion should protect the public’s right to know, motivates the criminal trial activities to be more standard and promote the judicial credibility. Meanwhile, the wrong opinion should be avoided shaping and spreading in order to protect the justice, and keep public opinion and judicial independence in balance.
Keywords/Search Tags:Public Opinion, External Supervisor, Judicial Independence, Judicial Credibility
PDF Full Text Request
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