On The Influence Of Public Opinion On The Application Of Death Penalty

With the deepening of social construction under the rule of law and the proposition of a criminal policy of leniency and strictness,the application of the death penalty in China’s criminal justice has gradually decreased.However,the application of the death penalty in specific cases has also caused more and more public discussion.With the development of Internet media and mobile media,the public’s attention to the application of the death penalty in individual cases is more likely to create a strong public opinion and affect the application of the death penalty in criminal cases.The influence of public opinion on the application of the death penalty exists objectively and cannot be eliminated.How to reduce the excessive involvement of public opinion in the application of individual death penalty is the main research content of this article.The excessive application of public opinion to the death penalty in criminal cases will impact the seriousness of criminal justice,affect the movement of judges’discretion,and is not conducive to the realization of individual justice.At the same time,it will also damage the value pursuit of criminal justice,undermine the public’s belief in the law,and damage The credibility of criminal justice.There are many reasons for the excessive involvement of public opinion in the application of the death penalty in criminal cases.Among them,the general public’s concept of personal death penalty is generally backward,which is the ideological root of excessive public intervention in the application of the death penalty,and also the main reason that death penalty cases can easily lead to "public anger" or "pity for the people".Secondly,the lack of clarity in China’s current criminal law on the discretionary circumstances,which results in the criminal judges’ choice and application of discretionary circumstances.It provides a large amount of legal space for the judge to introduce public opinion into the application of the death penalty..Furthermore,the formation and expression of public opinion applicable to the death penalty in criminal cases cannot be separated from media reports and propaganda.The media’s reporting of criminal cases is an important way for the public to understand and obtain the facts of the case.The comprehensiveness,objectivity,and truthfulness of the content of the report directly affect the public’s opinions on the application of the death penalty in criminal cases.Finally,there are certain shortcomings in the current system of trials of death penalty cases in China,which cannot provide an institutionalized way of expression of public opinion for the public.As a result,in the practice of criminal justice,the expression of public opinion on the application of the death penalty appears disorderly,causing public opinion to apply the death penalty.Disorganized involvement.According to the negative impact of the excessive intervention of public opinion on the application of the death penalty,and the reasons for the excessive intervention of public opinion on the application of the death penalty.This article puts forward the corresponding legislative norms and system improvement opinions.That is,it is necessary to construct and improve the social guidance mechanism of public opinion,cultivate the public to sort out the correct concept of the death penalty,regulate media reports on criminal cases,and minimize false information to guide public opinion maliciously.In addition,it is necessary to improve the judicial system for the trial of death penalty cases,establish an interactive platform for public opinion in death penalty cases,clear the channels of public opinion,and pay attention to the investigation and collection of public opinion during the trial of major cases,as well as the research and judgment of public opinion.Public opinion response is an important way to finally achieve a positive interaction between public opinion and the application of the death penalty.