The Research On Public Opinion’s Negative Influence On Criminal Judgement And Regulation Of It

Currently, the public opinion as an effective mode of supervision is widely respected and apply, and criminal trials have taken many measures to promote reform of the openness of the trial process and gradually increase, coupled with the strong development of the media industry, the news media has gradually been posted the "public communicators" label. Public through the media coverage of criminal justice in order to guarantee the realization of the right to know the behavior of citizens appreciation for me. Because people have been reported by such criminal trials necessary for the process of understanding, but also has to prevent judicial arbitrariness, suppression of judicial corruption and promoting justice role. However, there are things too far phenomenon of public opinion is also not easily avoid such problems. Therefore, in practice it is often a "media trial" phenomenon, resulting in a negative impact on many, such as severely undermine the independence of the judiciary, against the accused to a fair trial and other issues. So, despite the positive role of public opinion is clear, well-known, but the negative impact of public opinion on the criminal trial of the same can not be ignored, even urgent, important problems to be solved. In this article, the author mainly on the negative impact of public opinion on the criminal trial resulting analyzed and discussed, and try to find the negative impact of this regulation concrete and feasible measures in order to ensure the effectiveness of positive public opinion, while promoting the independence of the judiciary and, ultimately, judicial justice. This paper is divided into four main parts: The first part describes the "Yao" case, which summed up the problems existing in our country’s public opinion. Further analysis of the second part of the negative impact on public opinion and the reasons for the criminal trial produced. Specifically, the negative impacts include: the right of a defendant to accept a fair trial violations; Criminal Justice Intervention exercise discretion; violations of the independence of the criminal trial; adverse effects of four aspects of the other participants in the proceedings. Reasons include: Chinese traditional justice to the affected public attention; judicial authority decline; lack of access public criminal trial; particularity of network public opinion four points. The third part is the national representative of extraterritorial criminal trial experience to deal with the pressure of public opinion a brief introduction and evaluation. The fourth part of this article focuses on content. I will balance the relationship between the two media with the criminal trial, and give full play to the positive role of public opinion, its own proposals to avoid its negative effects. Specifically, I think we can take the following measures: Stick criminal trials independence and openness; improving the people’s jury system reasonably absorb public opinion; to improve the ability of the judiciary to deal with as well as to create a good public opinion environment.