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Improve Our People The Idea Of ​​the Jury System

Posted on:2005-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:X C QianFull Text:PDF
GTID:2206360125470333Subject:Law
Abstract/Summary:PDF Full Text Request
The article,through analyzing the characteristic and function of jury system of people,combined with the foreign legislation,analyzes the current situation of the jury system of people of our country,ane puts forward my suggestion on how to perfect and reform the jury system of people our country.This article includes six parts:The first part analyzesthe concept and characteristic of the jury system of people and makes an introduction to the battle in the educationcircle and judicial on whether or not the jury system should be abolished at present.The second part introduces the legislation of the jury system of two principal law systems,in which the commom law system is represented by the United State, and the civil law system is represented by France,germany ane Japan. The legislation of the jury system of all the contries mentioned above differ from one another, which are worth our drawing lessons from.The third part analyzes the function of the jury system from two angles: direct function and derived function, and also points out the meaning of the existance of the jury system at present.The fourth part includes the evaluation and analysis of the current situation of the jury system of our country, pointing out that there are many problems and mistaken ideas in the implementation of the jury system of our contry both in legsilation and judicial practice, and, at the same time, analyzing the causes of these problems.The fifth part, which is the chiet part of the article,mainly puts forward the perfect suggestion to the problems existing in the jury system of our contry. It covers two aspects: one is the perfection of the legislation of the jury system, and the other involvs the scope of applying the jury system, the qualification, rights, and obligation of a juror, and the discussion on the perfection of concrete system for the management and subsidy of the juror.The sixth part mainly deals with perfecting several reforms which are related to the reform of the jury system, including the reform of lawsuit fee, the rights of the litigants choosing civil suit procedure, the improvement of mechanism of honesty and trust, citizens' conscious participation in the jury , strengthening the function of collective court,reforming the function of examing committed and advancing the jury system, all of which are stated in this part.The conclusion part proposes a new prospect for the construction of reasonable perfect jury system of our contry.
Keywords/Search Tags:civil procedure, jury system
PDF Full Text Request
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