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The Improvement Of The Selection System Of The People’s Juror In China

Posted on:2014-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:J Y LiFull Text:PDF
GTID:2256330401986901Subject:Law
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The selection system of the people’s juror is the basis for the juror to exercise the jurisdiction, and the improvement of this system is of crucial importance to proceeding with the reformation of judicial democratization. In addition, it has a direct impact on whether or not the juror can exercise democratic rights on behalf of the people. Juror is an individual who participates in the judicial procedure as a citizen. This participation is conducive to the realization of judicial justice from the perspective of the juror who acts as a non-professional judge with the non-legal thought, whereby the essence of the jury system can be reflected. The function of this system is aimed at selecting qualified citizen for the court so as to exercise their right for a fair trial. The selection system of the people’s juror has both political and judicial value. Political value consists of the democratic values and the protection of human rights value. Judicial value is embodied in the concept of the judicial justice, containing benefiting the realization of the justice of the judicial procedure.However, our present selection system of the people’s juror may still impede itself from fully functioning neither from the aspect of legislation nor judicial practice. Therefore, the improvement of this system needs to be proceeded. In the meantime, the reform law experience of the developed countries can afford us lessons that merit reference. To improve the selection system of the people’s juror, efforts have to be taken from the following aspects:1.The constitution should restore the juror system.2. Relaxing the restriction on the qualification of the people’s juror.3. Strictly fulfill the selection procedure of the people’s juror.4. Rational arrangement for specialists to participate.5. Incentive and disciplinal mechanism of people’s juror should be established.
Keywords/Search Tags:selection system of the people’s juror, theoretical valuesystem status quo, measures improvement
PDF Full Text Request
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