Administrative Proceedings Of The Jury System

In early modern western countries, juror system as judicial democracy and civil rights of important protection, have been highly affirmed and universally applicable. In recent years in China, along with the advancement of judicial reform in 2005, especially concerning the application and implementation of the people's juror system, people's juror system gets more and more attention. People's juror system is trial of people's assessors and judges, by a collegial panel composed of common trial system. People's juror system, realizing the masses of administrative power by supervise, judicial democratization, safeguards human rights with the development trend of the world. But now, our administrative litigation people's juror system has many defects in the legislation, coupled with practices which also have problems. In view of this, this paper explores administrative litigation, people's juror system perfection, and puts forward the viewpoint that the summary and sublimate epilogue outside, unfolding main four parts, by "questions analysis question-problem-solving".The first part is drawn from the administrative litigation and the historical evolution of people's juror system. This paper, based on the current administrative litigation, people's juror system present situation and problems of administrative litigation, leads the people's juror system rethinking. The paper introduced emphatically people's juror system presenting situation of legislation and the problems existing in the practice.The second part of administrative litigation mainly analyzed the necessity of existence people's juror system. From three angles respectively: democratization, the masses of executive power supervision and administration of the characteristics of the case. World development trend analysis dealt with the judge, the people's assessors and reflected mass democratization; From the analysis of the administrative litigation law of the people's supervision of administrative power; From the characteristics of administrative litigation case itself, professional strong case analysis of the vocational structure multiple requirements and people's assessors to.trial.The third part mainly analyzes that existing administrative litigation of people's juror system is feasible. The four angle analysis starts from the legal basis, the people's assessors, judges, the administrative relative person, also combines practical survey data. In the administrative lawsuit applicable to people's juror system has the legal basis, the people's assessors to participate in the knowledge reserve requirements of case, the court judge support people's assessors and careful hold and the administrative relative person actively requirements in case the people's assessors, these are the specific analysis.The fourth part is problem solving, perfecting the administrative proceedings in the people's juror system which is the core of the paper, mainly from about people's juror system on the current legislation of the revised and perfected, people's juror system to enable give administrative counterpart options, and people's congress of people's assessors three aspects of the management and supervision shall be specific settings.This paper aims to administrative proceedings of the juror system of research, analyse problems in the juror system, and put forward a sound approach, to further improve China's judicial system, so as to promote the process of rule of law in China.