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First, the origin and development of the criminal justice system in our country
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China since ancient times society there are all kinds of criminal, crime with the continuous development of society, various social contradictions prominent, criminal also on natural. Therefore, this time on the need to legal sanctions to prevent and control crime, the following first introduced the development of our country's criminal justice system.
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Back China's history, from the Xia Dynasty started the rudiment of the criminal punishment, such as "summer political chaos and Yu Xing, a procedural rules Zhou, the implementation of two trial, five to the system, the types of witness testimony and documentary evidence in evidence. This shows that since ancient times, the society to achieve good governance, it needs to have the punishment of the implementation of the gradual improvement of the judicial system, which will be able to effectively avoid illegal crime, to achieve social stability and harmony. By the end of the Qing Dynasty, the Qing government in the previous code based on promulgated the Chinese history the first modern special penal code "new criminal code of Qing Dynasty, the code introduced Western principles of criminal law and the criminal law in general terms, the Chinese criminal trial towards a new level. During the interim government of Nanjing, the judicial reform has been carried out. The main measures include: the establishment of the principle of judicial independence; the prohibition of torture; the prohibition of corporal punishment; and trial trial, the jury system and the legal system. This shows that at this time the judicial system has been the direction of democracy, very focus on the feelings of the masses of the people.
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Two, the current situation of public opinion expression in criminal judicial practice in our country
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(a) our citizens' supervision over criminal judicial practice
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Although the legal construction of our country has made great achievements, but there are still problems, such as the court case less than handling, low efficiency, difficult to judge truly rational judgment, the law operability is not strong and so on, so it is necessary to correct the lack of external supervision in the judicial work, legal supervision in our country including the state supervision and social supervision, the supervision of public opinion and the masses together constitute the social supervision, supervision of the masses is refers to the legal supervision of direct supervision by the masses of the people, the people's behavior can directly promote the object of supervision to correct the error, improve the work, supervision of the proceedings or the organs of state power, is a legal act. This shows that the legal system of our country is always under the supervision of the masses, so the rational expression of public opinion has its legitimacy and legitimacy.
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(two) the main way to express public opinion in our country
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Chinese famous jurist Professor Zhang Wenxian has pointed out that the people's jury system is an important carrier of judicial democracy, is an important system to strengthen the public to participate in the administration of justice, but the people's jury system of our country also exist certain limitations, can not guarantee that every citizen can equal participation in the judicial practice to. In addition to the people's jury system. With the advent of the Internet era, more and more people started through the network to understand some of the major cases of progress, some miscarriages of justice in the suspect's family will be through the network or petition to seek justice. Therefore, the network is another important way to expression of public opinion in the criminal practice.
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Three, the control of public opinion in criminal judicial practice
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Law is ultimately for the broad masses of the people, it is necessary to strictly in accordance with the law, at the same time achieve good social effect. Therefore, to achieve the unity of legal effect and social effect, criminal judicial work has always been the pursuit of the goal. In order to achieve this goal, the criminal judiciary must pay attention to the role of public opinion in the judicial practice.
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(a) the role of public opinion in criminal judicial practice has two sides
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Because there is a need to improve the legal literacy the masses of the people of China and because some cases related to social problems, it is easy to make people produce irrational emotions, it is inevitable have a negative impact on the criminal justice process. Therefore, we should look at this issue in a dialectical view, public opinion on the criminal justice process is likely to have a positive impact on the case of fair trial, but also may have a negative impact.
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This determines the criminal and judicial organs should be rational treatment of public opinion, should do both to act in accordance with the law, strictly in accordance with the law cannot be completely according to public opinion swing left and right of the administration of justice, again at the same time also appropriate listen to public opinion, and through a certain way to guide public opinion towards science and correct direction, and for the opinion of people but also a timely and effective response, so as not to make the situation worse. To achieve this goal, our country also implemented some measures, such as improving the public participation in judicial mechanism, information disclosure mechanism, such as, at the same time pay attention to regulate the media reports, after all, media reports usually one-sided point of view and the facts out of context of shortcomings exist. Also pay more attention to the improve the legal quality of the public as a whole, increase the propaganda of the legal education, make our country truly realize the rule of law.
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(two) the extreme expression of public opinion is not conducive to the normal operation of the criminal justice process
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Public opinion in a certain extent will affect the judgment of the court, but the court should not be affected by external factors, according to the principle of a legally prescribed punishment for a specified crime, the judge in the suspect's crime and decision, and sentenced to what kind of punishment when must strictly in accordance with the provisions of the law. Although the judiciary is necessary in certain extent range of public opinion into consideration, but for the extreme opinion expression should be abandoned, because some public attention the case is often by selective media, one-sided reports the influence. Can not simply in order to pursue the social effect of handling cases, to ease the tension of public opinion and in accordance with public opinion issued the final decision.
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For example, in previous years, China's citizens filed "pengci case they scoff, so our country think the trend of high incidence of containment of pengci case is urgent, so there was a Beijing first cause" pengci "and was sentenced to the crime of endangering public security in a dangerous way of case, although it effectively curb the occurrence of Beijing" pengci "cases, but in fact pengci vehicles difficult with arson and other endangering public safety behavior on a par, so fully in accordance with the public opinion and take care of social public opinion is not able to realize the reasonable judgment of justice without error.
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Also with the rise of the Internet, people have begun to use this network "zero cost" high-efficient platform to express their views, for example people can through the online petition, a kind of more convenient ways to participate in the petition, and in this way is relatively high expression of the subject of security.
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(three) the proper and reasonable expression of public opinion is conducive to the improvement of the criminal justice system in our country
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The degree of difficulty of the various cases of complexity and investigation is uneven, it is difficult to strictly in accordance with the previous design good program for, timely and completely in accordance with the development of the program, is bound to be flawed. Therefore, public opinion will have influence on the facts of miscarriages of justice. Not only that, public opinion in some cases can even save, for example when Jiang a murder case was a newspaper published, the community reacted strongly, have sent a letter to the court in a certain place requested the court to show leniency, eventually under the presumption of public opinion, the provincial high court "spare him!", will be the second instance commuted the death sentence for 15 years in prison. This case fully shows that proper public opinion expression can make up for the legal loopholes in our country. But to protect the citizens can effective geographic expression of public opinion, first of all to protect the citizens can access to justice, learn legal knowledge, legal literacy training, cultivating strong awareness of law in life, in dealing with day-to-day disputes, know the use of legal weapons to defend their rights, instead of taking extreme practices worsen the contradiction, only the broad masses of the people truly understand the law and reason to be able to express their views, so that public opinion play a positive role in the criminal judicial practice.
Due to strict judicial process in our country, criminal judicial procedure is more strict, so not all citizens can easily contact to the real criminal justice, for the improvement of the attention of our country is getting higher and higher, the Supreme People's Court of China issued the "opinions", the filing review system to solve the difficulty in filing a case ", in order to eliminate the barrier of citizens to enter the court. In recent years, some of our local court to practice the "justice for the people" idea, promote judicial democracy, strengthen communication with the public, held a hearing in the case, the trial stage, by representatives to discuss how the suspect sentencing is the so-called sentencing hearing. Thus, in our country, more and more attention to public opinion expressed in the criminal judicial practice, it for the impact of criminal judicial practice should not be overlooked, we in and pay attention to the reference must also give its rational guidance.
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Four, the conclusion
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Only by the importance of the role of public opinion in order to make the criminal justice system more perfect. Person, we can know the pros and cons and study of contemporary Chinese public opinion on the criminal justice system is not only to perfect the judicial system, but also to take this opportunity to learn about the people's livelihood, observe the people's concept of the rule of law, clear people's legal consciousness is weak. Marx once said: all history is created by the people.
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Therefore the study of public opinion in the criminal judicial practice has a very important significance, and also conforms to the party's Fourth Plenary Session proposed to comprehensively promote the characteristics of the era of the rule of law.
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