The Theory Of Social Public Opinion Impact On Criminal Trial

Social public opinion has a significant influence on criminal justice.From "Zhang Xinzhu case" and "Li Changkui case" on recent years to "Zhao Chunhua case" and"Wang Lijun case" on nowadays,social public opinion especially plays an important role in the significant impact criminal cases,and more and more normal people also want to use the force of public opinion to achieve their purpose.The public opinion has become an inevitable topic in Chinese criminal trial.So what is public opinion?And why it can influence our country's criminal trial?And how does it affect the criminal trial?Moreover,what is the extent and depth of its effect?And what is the relationship between public opinion and the criminal cases?And how to examine,evaluate and treat the criminal justice event of the public opinion correctly.Based on the above questions,we will discuss the logical starting point,and there will be divided into four chapters besides introduction and conclusion.The first part is about the concept of social public opinion and criminal justice.(1)From the characteristics of the concept of public opinion,public opinion is difficult to measure and difficult to control,and social public opinion tool and function have the contemporary characteristics of modernity and other aspects of analysis of public opinion.(2)The introduction of the concept of criminal justice in our country and characteristics of China's criminal trial with prosecutors and defenders in equal status,neutral position,the process of a judge,and judge the results to the public characteristic;The basic principles of criminal trial in China include the principle of the criminal penalty,the principle of entity justice and procedure justice,the principle of equal punishment for crimes and the protection of human right,and the principle of equal weight of conviction and sentencing.The second part is about the positive effect of public opinion on criminal justice.(1)The social public opinion promotes harmonious criminal trial and take the Zhao Chunhua on illegal gun case as an example in the social public opinion,this can be an organic combination of criminal justice and public opinion.The continuous development and improvement of the basis of criminal trial by public opinion,"LiaoDan seals save his wife",for example on social public opinion to promote criminal trial results more reasonable and lawful;(2)Public opinion to strengthen the authority of criminal justice,illegally buy corn by Wang Lijun case as an example on social public opinion to supervise criminal trial process and results,prevent cases in which people were unjustly charged;Public opinion promotes the public of criminal trial,and restraining judicial corruption;(3)The citizens of criminal trial supervision,enhance the consciousness of their rights and public responsibility,the social public opinion to promote public participation and rights of citizen consciousness,social public opinion and promote the right of citizens to further improve public responsibility.The third part analyzes the bad influence of public opinion on the criminal trial.(1)The public opinion has weakened the authority of the criminal trial to some extent.First,the social public opinion eats away at the judicial system and affects the right of the judiciary.Secondly,the case of Li Changkui and Yu Huan discussed in this paper discuss the influence of public opinion in the form of a national trial,influence the authority of the result of criminal reference.(2)The public opinion affects the independence of the criminal trial,although the law court is the only exercise adjudicative organ,but social influence public opinion in a variety of ways on the court,taking the discourse of the clinical application of Zhang Jinzhu case,Li Qiming as a precondition for collective public opinion social public opinion to put pressure on judicial organ,in the case of Deng Yujiao to discuss public opinion kidnapping of justice,led to the "media trial" phenomenon occurs frequently.(3)The social public opinion infringes the rights of the relevant personnel of the case,and the social public opinion infringes the right of the accused to obtain a fair trial,which also infringes the rights of other litigants.The fourth part is about how the criminal trial should deal with the influence of public opinion.(1)To build a perfect intervention mechanism for social public opinion,and resolutely fight false reports from the standard media reporting methods and contents;Building an effective platform for citizens to participate in the judiciary;The protection of the public to exercise the right to participate in the judiciary.(2)To improve people's juror system,to improve people's juror system further,to enhance professional ability of jurors,in real play to the role of the jury trial cases these three aspects.(3)To establish the authority of criminal justice,from the citizens to popularize legal knowledge,training of the citizen's legal consciousness and strengthen information disclosure case,strive for the initiative in the social public opinion and the right attitude towards public opinion,not blind bends in these three aspects to establish the authority of criminal justice.(4)To promote the reform of the litigation system centered on the trial,to carry out the reform of the trial procedure,to reform the trial procedure,and to improve the other supporting systems of the trial as the center.From above four aspects,this article discuss the social public opinion's influence on criminal justice,and carries on the empirical analysis through the typical case,the positive effects and negative effects of the ways which are summarized,and how to utilize the positive effects and avoid negative impact,provides some suggestions,hoping to guide public opinion criminal trial to the positive direction.