On The Consideration Of Public Opinion In Criminal Justice

In the criminal judicatory practice of our country,the criminal case involving public will is often encountered.In the case of Yao Jiaxin and Yu Huan,public will,to some extent,has affected the normal trial process of the case and the final trial result.In criminal justice,public will refers to people's tendentious wills on judicial cases,taking ethics as the evaluation basis,has sensational effect and the appearance of judicial democracy.It should also be noted that criminal cases involving public will also have obvious characteristics,including:thematic elements that reflect social issues,the criminal cases involving public will are mostly traditional crimes,the subject involved in the case has obvious identity characteristics.The reason why the outcome of criminal cases is affected by public will is that the legal system is not sound in the social transition,most criminal cases involving public will have specific legitimacy and the courts system focus on cases of social effect.There is no denying that public will is conducive to revising the judicial trial results,overseeing the criminal justice process,but the criminal public will also has the possibility of violating the principle of judicial independence and the procedural justice.In order to play the role of public will in promoting criminal justice,eliminate the negative impact of public will.We should take public will seriously from two aspects of improving mechanism construction and strengthening judicial initiative.