关键词： 公众情感, 民意, 以刑定罪, 反馈式影响

Abstract: The irrational side of public emotion makes it the object of criminal justice alert.However,in view of the two-dimensional attributes of emotion in sociology,the public emotion should have two sides:rationality and irrationality.So it needs to be reexamined that the public emotion should be expelled from the conviction process.In theory,the judgment standard of culpable punishment,the combination of judicial professional and judicial democratization jointly determine the important role of public emotion in the process of conviction.In practice,it should be normalized in system and method,e.g.assessor system and feedback effect should be promoted.

Key words: public emotion, public opinion, sentencing according to the penalty；feedback effect