The Research Of Criminal Justice Responsing To Public Opinion Mechanism

With the development and progress of society,people’s awareness of the law is growing and the concept of the rule of law is gradually established.Public attention on the judicial activities continued to improve.People requires more fairness of the administration of justice. Whether we are aware of the impact of public opinion on justice,that justice and public opinion generated unprecedented fierce battle with the collision has become a reality. So how to deal with public opinion,especially in the judicial activities of criminal justice has become a new topic in contemporary legal theory and practice areas.If we absorb public opinion,it may affect the independence of the judiciary,which would be contrary to the requirements of judicial independence.But at the same time,people’s participation,trust and faith are established base of criminal justice.The role and influence of public opinion can not be ignored and denied. In this context,we will analysis criminal justice and public opinion which seemsconflict blend together.In the scope of criminal justice,we will find what is public opinion and analysis the necessity of criminal justice’s responses and find the deficiencies exists in reality.In the other hand,extra-territorial criminal justice practices can tell us how to respect and treat public opinion and help to expore the microscopic mechanism of harmonious interaction between the two. We conclude:to communicate,absorb and ease public opinion is the inevitable way of dealing with the criminal justice and public opinion. The first part of this article explains the connotation of public opinion andnarrow it in the broad range of criminal justice to research.Because public opinion is derived from the sociology,I combine the general views in the academic circles and the origin of the term public opinion,and then define the concept of it in the criminal justice field.Analysis of three characteristics like complexity,simple and blind obedience helps to understand the nature of public opinion and prepare the ground for the later analysis.In order to demonstrate the necessity of the criminal justice response to public opinion,the article demonstrates on two levels:the theoretical support and parctical consideration.Criminal justice response to public opinion is the proper meaning of the criminal justice democracy,therefore the theoretical support including democratic theory of popular sovereignty,humanism,standard of right,etc,as well as the unity of legal effect and social effect of the criminal justice policy. Parctical consideration contains special attribute of criminal justice,the features of Chinese society and the new development of the social environment.In China,a series of social hot cases let us see public attention on criminal justice is increasing.Public opinion becomes an important force to promote criminal justice activities,and it makes us see there is no chapter to follow when the criminal justice deal with public opinion. The second part focuses on the traditional practice of criminal justice response to public paths and shortcomings. The traditional criminal justice tend to solve the problem on the relationship between criminal justice and public opinion in "humdrum" way. The performance is the neglect of a reasonable guide during the trial and the lack of follow-up support after the end of trial.We explain it by the concept of justice, the justice system and the judicial system, and pointed out that the current focus is changing judicial philosophy and improving the judicial system.In the third part of the article,I chose a social hot spot criminal case in United States.Through analysis of case proceedings,we can see US criminal justice how to impor the angery public opinion to the calm justice system.Draw of reference includes scrutiny of the jury system,the court system of the Friends,the judge at sentencing to absorb part of public opinion and regulatory aspects of the media coverage.Based on the above analysis,under the guidance of responsive criminal justice and establishing the principle of supremacy of law and the principle of respect for public opinion,pre-trial,trial,post-trial stratification mechanism design.Public access mechanism by pretrial screening,screening opinion,the trial grooming mechanism to guide public opinion,to convince public opinion,public security mechanism post-trial communication,coordination of public opinion,the criminal justice system to respond to type based on the trial process design enables the vast majority of non-rational public be excluded from the criminal justice process or digestion convince promote rational elements of public opinion is the greatest degree of absorption.Pay attention to public opinion and the complexity of the trait variability,emphasizing the stage in response to public opinion,in order to respond to different forms of a different opinion or feedback.This will not only help ease the criminal justice and public tensions,but also can help find a harmonious way to explore the criminal justice and public opinion exchange interaction.