A Study On The Relationship Between Public Opinion And Criminal Justice

Under the background of the current era of network information,this paper discusses the relationship between public opinion and criminal justice from the criminal cases that have aroused widespread public concern in recent years,and puts forward the positive and effective way to realize the public opinion regulation in the criminal justice through drawing lessons from the experience of the United States as well as combining with the judicial practice in China.This paper adopts the methods of interdisciplinary comprehensive research and case analysis,and it is mainly divided into four chapters:Chapter 1.This part defines public opinion,and divides it into public opinion in law and public opinion outside of law,and demonstrates the characteristics of irrationality,immeasurability and variability of public opinion in law with examples.In academic circle,public opinion is divided into public indignation and popular pity,which reveals the essence of public opinion on this basis.At the same time,from the perspective of communication,this paper analyzes the influence of mass communication on the formation of public opinion,and finally compares civil justice and criminal justice,and explains the reasons why the conflicts between public opinion and justice always appear in the criminal field.Chapter 2 This part analyzes the impact of public opinion on criminal justice.In the aspect of positive influence,public opinion plays a role in the supervision of criminal justice,which can achieve consultative justice,and achieve criminal benefits through the public opinion of the criminal policy..In the aspect of negative influence,public opinion impacts the principles of criminal justice,specifically,it affects the independence,impartiality and efficiency of criminal justice.Finally,it analyzes the causes of the conflict between public opinion and criminal justice.Chapter 3 This part introduces the foreign experience of the United States.The principle of pending trial and the principle of reasonable inclination as reported by the media,as well as the selection and appointment of jurors in the jury system,the change of the trial location,the segregation of jurors and the adoption of methods of postponing the trial,etc.This part compares the differences between China and the United States in the attitude towards public opinion,the expression of public opinion in the judgment and the way in which public opinion enters the judiciary.Chapter 4 This part proposes the ways to resolve criminal justice and the public opinion conflict,and provides the solution thought from three dimensions of judicial regulation,the response and the guidance public opinion..In the judicial regulation of public opinion,we should make public opinion criminal policy and perfect the system of people's jurors.In judicial response to public opinion,principles and systems should be combined.In judicial response to public opinion,the legal limits should be clear about media coverage about criminal cases,the legal professional community should be understood,supported and guided.