Research On Of Exemplary Punishment In The Public View Of Justice

Public display,since feudal society as a kind of official and folk punishment pattern exists.Displayed punishing represents a humiliating and moral disciplinary punishment,is thought to be able to smaller cost to realize the society to the criminal punishment and moral negative evaluation,at the same time to achieve the purpose of crime prevention.However,in the course of use,the display-type punishment often results in infringement of human dignity due to ignorance of procedures and other issues.It is inconsistent with the modern spirit of the rule of law and the concept of human rights.In recent years,along with the rapid social and economic development,the number of social crimes has also increased.In order to quickly achieve the goal of cracking down on crimes,public-punishment,public trials and media trials have been adopted.The re-emergence of display-type punishment is not only to achieve the purpose of punishing crimes,but it is also considered as a means to realize judicial disclosure under the modern legal environment.It is true that publicists,to a certain extent,meet certain requirements of judicial disclosure,such as public display of information,in order to protect citizens’ right to information,but it does not mean that public disclosure must be conducted in a public manner.If it is simplya demonstration of public stigma against criminals that is equivalent to judicial disclosure,it is a misunderstanding of the openness of the judiciary.Public demonstration of punishment has experienced the beheadings of the traditional society,the demonstrations in the street,the hard-hitting public show during the Cultural Revolution,and the changes in forms such as the refereeing conference,human search,and information display in the modern society.The added stigma still exists,and it has been imposed on offenders.Moral stigma,the idea of achieving the goal of punishment and crime prevention often leads to deviations in the use of crowd-based punishment.From this point of view,the ancient Chinese Publications of Punishment have much in common with the public demonstrations in the Western society in the Middle Ages.Their purpose,besides punishing crime,is a way of demonstrating the authority of the rulers.However,the public form in modern society is more affected by the spread of the Internet and other media,and the damage to human dignity is even more obvious.The re-emergence of public punitive punishment has a profound social foundation.As far as our traditional culture is concerned,although rulers pay attention to the law to maintain the authority of the law in relation to the unpredictability of law,they also focus on punishing crimes and preventing crimes in a public manner.The shameful culture and moral concepts formed in Chinese society over a long period of time show the shameful disciplinary effect unique to public punishment,and the incompleteness of the concept of the rule of law provides the soil for survival and development of public punitive punishments.The purpose of stability is also an important reason for the continuation of the public.The public show of modern society,whether it is a public judgment conference or the media’s early intervention,may cause a violation of procedural justice and interfere with the independence of judicial adjudication.Replacing the disclosure of judicial activities and judicial information with only publicized punishment can easily lead to violation of the spirit of the rule of law and cause regression of the construction of the rule of law.The key to the results of modern display-type punishments that violate the principle of procedural justice and the presumption ofinnocence lies in the lack of clear legislative provisions and long-term grey areas.Therefore,drawing lessons from the legislation and judicial experience of other countries,detailing the legislative provisions,and introducing supporting measures are of great significance in regulating and punishing people.Second,the regulation of display-type punishment should pay attention to strictly controlling the scope of application and avoiding the cross-border of power.Although shame has binding effect on specific crimes,it cannot be over-used.The shame of all people means no shame.Moreover,even the convicted criminals should be legally protected for their personal dignity.As Kant said,no one should be a tool for other purposes.In addition,the overreaching of the functions of the media,the inadequacy of media self-discipline,and the imperfections of social supervision have also exacerbated the alienation of public opinion punishment.The news media shall be subject to legal and social supervision,strengthen self-discipline,and grasp the media in the hands of a sword pointing to the right.