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A Study On The Influence Of Public Opinion On Criminal Trial

Posted on:2020-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:W W LiFull Text:PDF
GTID:2416330590485498Subject:legal
Abstract/Summary:PDF Full Text Request
With the rapid development and popularization of information technology,people are wrapped around the sky every day,there are a variety of media platforms for people to freely express their own statements.At that time,people will use the Internet platform to open a discussion of the case.This paper mainly discusses the influence of public opinion on criminal trial.China is a legal society,the Constitution clearly stipulates that the courts independently exercise jurisdiction.Once the controversial criminal case is exposed,it will immediately arouse the strong reaction of public opinion,public opinion will more or less have an impact on the trial of the case,and even the outcome of the case will have a decisive impact.This will promote the fair trial of legal and judicial organs,but public opinion has irrational characteristics,which is contrary to the principle of criminal justice,which makes it inevitable that there will be contradictions between the two.How to promote the coordination and interaction between public opinion and criminal trial is a topic of common concern between law and practice circles.It is also the main problem to be solved in this paper.Based on how to promote the benign interaction between public opinion and criminal trial activities,this paper tries to find the equilibrium point of the two by combining theory and practice.This article is divided into four chapters to discuss: The first chapter briefly describes the impact of criminal justice on the form of public opinion.By analyzing the types of public opinion that affect criminal trial,we should find out the mechanism of public opinion influencing the trial of criminal cases.The second chapter writes about the negative influence of public opinion on criminal trial and the reasons,only to find the reason is conducive to us to solve the contradiction between the two.The third chapter is to write about how foreign countries deal with the influence of public opinion and criminal trial,mainly from Britain,the United States,Germany,is intended to provide reference for solving the contradiction between public opinion and criminal trial in China by expounding the experience of foreign legislation.The fourth chapter discusses how to realize the conflict coordination between public opinion and criminal trial.Based on the three angles of the court's media citizens,this paper puts forward some suggestions to balance the contradiction between public opinion and trial,so as to promote the complementary and harmonious development of judicial activities and public opinion.
Keywords/Search Tags:public opinion, criminal trial, Independence of the judiciary
PDF Full Text Request
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