A Research On Consummating The People’s System: From The Perspective Of Distribution Of Justice Powers

The people’s jury system is an important judicial system in China. In view of thepast research which is mostly limited to judicial democracy, political democracy,historical analysis, in this dissertation, it plans to develop itself from a newperspective of the distribution of powers, mainly focusing on the analysis andcriticism of the status of the people’s jury system, and furthermore, of the systemproposing to how to consummate the system in light of its value position.Based on the above considerations, it includes mainly four chapters:The first chapter is about the introduction about the basic theory of the jurysystem, focusing on the implications and types of the jury system, and then analyzingthe function of the jury system, including loading public opinions, digesting tension,suppressing corruption, educating the public.The second chapter is about the analyzing and criticism about the status of thepeople’s jury system. The first part discusses the its legal basis, qualifications andmeans obtained, and its content and the obstacles faced; second part argues about theimbanlance between the position and the rank of the authority, the conflict betweendemocracy, the breadth in obtaining and strictness of qualifications, the imbalance ofthe legal authority and legal responsibility.The third chapter focuses on the value proposition of the people’s jury systemconfiguration, including three parts: to balance the private rights and public rights, theelite justice and public justice; to promote positive interaction between public opinionand justice.The forth chapter proposes the assumption of consummating the people’s jurysystem, including legislation, the optimization of power, the expanding of capability,innovation of system.