The Reflection Of Social Influence On Sentencing At Age Of "We Media"

In today's "self-media" era,the role of social factors on sentencing is more and more obvious,but there are also many problems,one of our judicial interpretation of the recognition of the "bad social impact" involved in the sentencing circumstances of the law However,from the legislative point of view,the legal orientation of social factors is not meticulously provided.Second,due to the lack of legal provisions of the judge may lead to the trial process in the process of deviation from the principle of punishment and punishment,and may even potentially increase the judge's sentencing discretion,resulting in possible criminals sentenced to judicial injustice Of the situation,and even the judge may be forced by the social influence of the criminals sentenced to the application of the penalty.Thirdly,and despite social impact on the function of sentencing is a double-edged sword,but due to the incomplete of the construction of the judicial,public rationality is not sound,and the lack of theory,eventually the social impact of sentencing is more harm than good,and can produce negative issues to the judicial practice.Finally,the author from the legislative,judicial and social aspects,from the perspective of social factors for the impact of sentencing thinking,the focus is to improve the social factors from the legislation to define the relevant legal concepts and from other aspects to meet the public to justice The second is from the judiciary to regulate their discretionary sentencing discretion,can not arbitrarily by the views of society and give up the legal view of justice to justice sentencing sentencing.