The Influence Of Public Opinion Supervision On Criminal Trial

Judicial trial contains three kinds of trial forms,and criminal trial,as the most typical form of judicial adjudication,has its own unique system,principles and procedures.Criminal trial means that the judicial organs abide by the principle of trial and judge and judge all kinds of criminal cases according to the procedure of legal adjudication under the participation of the prosecution and defense parties and other litigants.Therefore,according to its statutory definition,the criminal trial is composed of two main parts: trial and verdict.The so-called trial is the judicial organs in the prosecution and defense parties and other litigation personnel involved in the investigation and verification of the evidence of the case,and accordingly determine the applicable law.Adjudication refers to the conclusion of the case according to the evidence of the case and the applicable law.The trial is the premise of the whole trial,and the verdict is the result of the whole criminal trial.In recent years,along with the advance of the reform of the judicial system and the deepening of national law,the national public more and more attention to the criminal trial,the public pay more and more attention to it.This transformation process,both the reform of the judicial system of internal factors,we should also see the supervision of public opinion also plays a very important role with the development.More and more diverse media,especially the Internet media form more and more mature,the public can use the media more and more flexible and diversified,more highlights the power of public opinion,but also makes the criminal trial activities become public,transparent,also filtering various factors in a certain extent,to Restraining Corruption,promoting social justice and judicial justice,effectively played a warning role of the law,and promoted the construction of the rule of law civilization.However,public opinion supervision and criminal justice also exist some conflicts in practice.Mainly for many media misconduct,false reports and commentsso that public opinion deviate,and guide the public opinion properly,making public opinion has turned into different of the criminal trial,to the judicial independence of judicial power,the rational mind trial the lawsuit and the accused in the fair right to bring interference,or even about the trial of the conclusion of the case.Thus,the media supervision in our country at present stage and the relationship between criminal justice still exist in a state of disorder.Due to this disorder is caused by the position and the value orientation of public opinion supervision and criminal justice,as the media and the public opinion supervision subject to criminal trial has a natural knowledge of lust,while the criminal trial in order to keep the self dignity is fundamentally against the disturbance of the so-called external forces.Therefore,if you want to find a meeting point to balance the relationship between the two fundamentally,through analysis the status of each attribute and the relationship between the two,with the international advanced experience,and both sides in their own system or survival mechanism of synchronous improvement,the only way to protect the media and public opinion can also free maintain the legal authority,exert positive influence real and not to interfere the normal activities of the criminal trial.This is the subject line and focuses on the study.This study is divided into four parts,the first part mainly analyzes the criminal trial of the four principle of judicial independence,public trial,the presumption of innocence,passive trial proceedings,the purpose is to study the content and value of the criminal trial to explore the potential association and the supervision of public opinion.Secondly,expounded on the theoretical basis of public opinion,including its meaning,the main source of rights and the new carrier and supervision of public opinion,through the research on the theoretical basis of public opinion,the purpose is to enable the further discussion on the relationship between the two concepts and connotation of cognition.The second part introduces the current situation of the relationship between public opinion supervision and criminal justice and an analysis of the current hot examples.First of all,summed up in the judicial practice in the process of advancing,the supervision of public opinion on the impact of a criminal trial of the status quo hasbeen discussed from positive and negative,indicating the relationship between the two is not only to promote the positive is a conflict,and along with the diversification of public opinion of the media,the media and increase public participation,and negative influence of the positive intervention policy in our country are expanding,between the two effects of surface position and role which is actually due to criminal judicial independence,between justice and public opinion supervision right of freedom is not fit.Secondly,from the perspective of the positive impact of public opinion supervision on criminal trial,this paper analyzes the hot case of "Yu Huan case" this year.It is hoped that through practical cases,it is important to seek the conjunction point between the two.The third part expounds the legislation and practice of dealing with the relationship between criminal trial and supervision by public opinion and the relevant international treaty standards.A comprehensive comparative analysis of common law countries,the United States,the British experience,on behalf of the state and the civil law in Germany,the experience of France,and through the relevant international treaty review,to find the international community at the institutional level is how to balance the criminal trial supervision of public opinion and the relationship between the two.The fourth part is the foothold of this study.Through the above theoretical analysis,research status,experience case review and the international advanced legal system country combing and state treaty concluded,according to the current situation of our country,from the public opinion supervision,judicial level,set up two cooperation framework to explore the criminal trial supervision of public opinion and the relationship between the two system construction or improvement mechanism,the purpose is to in order to promote the benign interaction and integration of the two in all,in order to maintain the rights and freedom of opinion can ensure that the trial is open,independent principle,realize judicial justice and social justice.