Discuss The Influence Of Public Opinion On The Qualitative Nature Of Defense

In the past two years,the phenomenon of public opinion affecting the defensive characterization of hot-spot cases has been very prominent,and the Kunshan case is a typical one among them.Under the eager attention of public opinion,the Kunshan case is very different from the non-hot-spot defense cases in terms of speed,mode of case handling,method of reasoning,and judicial results.Affected by this case,a large number of defense cases have re-entered the public's attention and become a hot spot of public opinion.Most of the public opinion that affects the defensive characterization of hot cases comes from the Internet,in the form of language,text,or video,and its main content is to call on the judicial organs to correctly apply legitimate defense and protect the right to national defense.The phenomenon that public opinion affects the characterization of defense can be interpreted from three levels: From a case-by-case perspective,the emergence of public opinion in the criminal justice process of hot defense cases has led to changes in the attitudes of the judicial authorities in the same case,and the judicial results of similar cases differ greatly.From the perspective of the criminal justice aspect of overall defense cases,the proportion of legitimate defense identification in hot defense cases is much higher than that in non-hot defense cases,and the judicial organization process and judicial results are very different from non-hot defense cases.From the perspective of the development of the legitimate defense system,public opinion concerns have caused the judicial organs to face up to the outstanding problems in the application of legitimate defense,and brought opportunities to clarify the criteria for the determination of legitimate defense and excessive defense,and the legal application standards for related disputes.The internal motivations of public opinion that affect the identification of the nature of defense are mainly as follows: 1.Hot defense cases often have serious results of death or serious injury,and in such cases,judicial personnel have a large room for discretion,which arouses public vigilance.2.The public sympathizes with and supports the vulnerable groups in the case.3.The concept of defense identification by judicial organs deviates from the life experience of ordinary people.Advanced network communication technology provides public opinion with sources of information,channels for rapid expression and sharing of opinions,and a "field" for multi-person discussion and interaction.The public will focus their demands and doubts on safety,justice,and equality into individual cases,and gather powerful public opinion forces.After the influence of public opinion is formed,it directly affects the advance judgment of judicial personnel,or indirectly exerts pressure on the judicial department through experts,scholars and power departments.Analyzing the internal mechanism of the influence of public opinion on the qualitative defense of defense,there are three possibilities: 1.The influence of public opinion changes the perspective of judicial personnel from rational outsiders to the perspective of defenders,and from post-event judgment to behavioral judgment.When determining defense,general social cognition,and psychological factors such as nervousness and fear of the defender are taken into consideration.2.The influence of public opinion makes judicial personnel's functional positioning of defense determination shift from dispute resolution to rights protection,strengthens normative judgment,and strengthens judicial personnel's concept of strictly observing legislation.3.Public opinion concerns balance the "power" of the defenders with the prosecution,and prompt fair judgement by the judges.Faced with the influence of public opinion on the qualitative nature of defense,the goal of judicial adjudication is to pursue the harmony and unity of law,affair,and reason.First of all,we should strictly abide by the legislation,use facts as the basis,carefully investigate and study,and make judgments carefully;use the law as the criterion to solve problems within the scope of the law,and seek expert help to strengthen legal interpretation.Second,refer to reasonable suggestions in public opinion to increase the reality and rationality of judicial decisions.While responding to the concerns of public opinion,judicial personnel need to remove the falsehood and preserve the truth,resist bias,and distinguish the true "justice" in the eyes of the public.Third,the legal organs should take the initiative to strengthen judicial openness,increase judicial transparency,let the public understand the details of the judicial process to the greatest extent,uncover the judicial mystery,and rebuild the judicial credibility of the defensive qualitative.