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The Research of Public Opinion’s Effect on Criminal Justice

Author: Guo
Tutor: SunGuoXiang
School: Nanjing University
Course: Criminal Law
Keywords: Public opinion Criminal Justice Elements of influence Surface justice
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 416
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Abstract


The views of the public opinion on the case not only is an evaluation of the course of justice, it is the expectation of the kind of social fairness and justice. In some recent concern by the public in the criminal justice cases, public opinion often exhibit of justice questioned. Law and public opinion in essence is supposed to be the same, but a far cry from the specific cases. Public opinion affect criminal justice, criminal justice and how to deal with public opinion. Through the analysis of typical cases, to clarify the mechanism of the impact of public opinion on the criminal justice and build the basic elements of public opinion influence public opinion and criminal justice to find a reasonable point of integration. Described the impact of public opinion on the criminal justice mainly from the following four aspects: First, the article by the paradigm shift to give up to define the concept of public opinion. Turn to borrow Wittgenstein's philosophy of language, the basic theoretical description of the meaning and usage of public opinion, public opinion formed the basis and process, and then analyzes the opinion of the three major characteristics: bounded rationality, volatility and emotional. Proceed based on the needs of the article discusses the public opinion according to the expression or not, is divided into the potential of public opinion and expression of public opinion; depending on the emotional tendencies, is divided into public anger with the people pity;, divided according to the size of the influential mainstream public opinion and non-mainstream opinion. The final conclusion: public opinion in the field of view of the criminal justice should be the expression of public opinion, the impact of the trial of cases public opinion must be the opinion of the pressure of public opinion. Secondly, through qualitative analysis of typical cases, further demonstrate how public opinion to exert its influence in specific criminal trial process. Categories select articles in accordance with the public anger with China pity Zhang Jinzhu Traffic Accident six typical cases and focus media attention on the case, the formation of the pressure of public opinion, public opinion, features and opinion on the case, the judgment conviction and sentencing four aspects in-depth analysis of the case. Again, on the basis of the foregoing analysis of typical cases, we found that the public opinion from generation to expand to affect the criminal justice referee roughly follow the development mode: media attention, the public views on evaluation and opinion leaders to intervene, the intensification of the voice of the people as well as the intervention of the state power in five phases. From the microscopic point of view, the judge is the main trial in the case, and public opinion to influence the judge referees mainly by Judge emotional, personal development, and other powers affecting the implementation of these three ways. Public opinion is not always an impact on criminal justice, and, in separate cases, the impact of public opinion on the case of conviction and sentencing of the same. Therefore, through the analysis cf the preceding six typical cases, summed up the five elements to determine the size of the public opinion influence state power, intense expression of public opinion, and the opinion leaders, the emotional tendency of public opinion, and the opinion of the momentum range. It is the combined effects of these elements, making public opinion more or less the impact of the Criminal Justice referee. However, in the course of the actual trial, even if the situation is quite the five elements, the impact of public opinion on criminal justice is still sometimes varied. Which environmental factors affect the criminal justice and public opinion. Contrary to expert advice and public opinion, the Criminal Code of the conviction and sentencing of clearly defined, and the judge's personal qualities curb to some extent the actual effect of the influence of public opinion. Finally, the article analyzes the trade-offs with the regulation of public opinion factors in criminal justice. Public opinion has some reasonable basis, surface Justice is an effective combination of judicial and public opinion, the theory, a fair and just administration of justice, should be able to for people to accept. Meanwhile, the involvement of the public opinion must be moderate surface \Finally, analysis of public opinion should be involved in the criminal justice how important issues. Public opinion can be directly involved in the administration of criminal justice is limited in scope, and should be limited in difficult cases. Thus, from the collection of public opinion, the internalization and to divert three levels to build the institutional mechanisms of public opinion reasonable intervention is particularly important.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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