Research On The Conflict Between Criminal Judicial Judgment And Public Opinion Identity

With the acceleration of information dissemination,Under the background that judicial democracy and trial openness have become the general trend,a criminal case will inevitably attract the attention of the society after being reported by the media.In this process,people discuss the case to form public opinion,which will inevitably lead to the difference between the public opinion evaluation results and the criminal law evaluation results.In 2014,Lu Yong was prosecuted by Yuanjiang Public Prosecution Agency to Yuanjiang Court for the crime of obstructing credit card management and selling fake drugs by others.In 2016,Zhao Chunhua was sentenced to three years and six months in prison by Hebei District Court for operating shooting stalls for a living and illegally possessing guns.In 2017,Yu Huan was sentenced to life imprisonment by Liaocheng Intermediate People’s Court for intentional injury in order to protect his mother from humiliation.After that,similar cases continued to appear.Once these cases appeared or their processing results were published,they immediately produced strong social repercussions.The volume of reading,page views and comments on related topics surged,which triggered the author’s thinking on the problems existing between criminal judicial adjudication and public opinion recognition.Unlike other civil law countries or common law countries,China does not have relatively perfect legal provisions on the degree,boundary and responsibility consequences of public opinion participating in criminal justice adjudication,Moreover,there is no such departmental law as the so-called press law.In addition,the participation of public opinion in the process of criminal justice has become inevitable and the conflict between the two has reached a level that cannot be ignored and needs to be solved urgently.Therefore,in this case,why there is a conflict between criminal judicial adjudication and public opinion recognition,the value of dealing with the conflict between them and how to deal with the conflict between them have become the topic of many scholars’ thinking.This paper is divided into three parts.The first part describes the three typical cases of Tianjin Zhao Chunhua case,Yuanjiang Lu Yong case and Liaocheng Yu Huan case,combs the corresponding controversial focuses of these cases,and then analyzes the difference between the public opinion evaluation results and the criminal law evaluation results for the same controversial focus.The second part,based on the first part,expounds why there is a conflict between criminal judicial adjudication and public opinion recognition from two aspects of criminal law theory and reality,and the significance of handling the conflict between them.The last part of this article explains how to solve the conflict between criminal judicial adjudication and public opinion recognition from the perspective of criminal law theory and practice.According to the contents of the previous two parts,on this basis,the countermeasures to deal with the conflict between criminal judicial adjudication and public opinion recognition are elaborated.