The Study On Criminal Jury System In Minority Nationality Rejoins Of China

As an important legal system in our country, the people’s jury system is a significant means, by which the people can be the master of the country and deploy the state power, while it also gives expression to judicial democracy. It’s an important system that the judicial organs absorb ordinary citizens to participate in criminal trial and the people judge it on the basis of their own basic notions of good and evil, which guarantees citizens’ democratic rights. The implementation of the people’s jury system is beneficial to inherit the judicial traditions in the new period, to prevent judicial corruption, to achieve judicial democracy and judicial justice, to promote transparency and standardization of judicial work, and to save the judicial resources, especially in ethnic areas. From the perspective of Tibetan ethnic minority areas, this thesis deals with the generation and development of jury system and the status quo of Nyingchi county in Tibet autonomous region, and hold that, in order to improve people’s jury system in current Tibet Nyingchi region, we should eliminate people’s fear of mental state, should conceive constructing democratic society as prerequisite, and should set the goal of promoting national laws, improving the legal consciousness of the masses in the minority regions. This thesis clearly puts forward that, at current stage, the main task of carrying out the people’s jury system in the Tibetan areas is ensuring the people widely participate in judicial activities when it comes to the reality of minority areas, moreover we will offer specific measures to improve the system of ethnic minority areas of people’s assessors. Structurally, the thesis is divided into the following four parts:In the opening part, we firstly analyze the theoretical problems of criminal jury system by expounding its concept, function and historical evolution; Secondly, criminal jury of ethnic minority areas in China, including the definition of the concept, characteristics and operation requirements, is expounded.The second part firstly talks about the system design and mode of the foreign major countries in criminal jury system, then deals with the ethnic problems of the jury in Britain and the United States and shows their countermeasures on racial issues and practices; Finally we point out the significance in the aspect of legislation and the practice that the foreign jury system means to ours.The third part takes the Tibet autonomous region Nyingchi county as an example, and investigates the present conditions of the minority regions in our country criminal jury, and reveal criminal jury status of minority nationality areas, then pointed out the existing problems and corresponding reasons.The fourth part mainly relates and analyzes the social and legal basis of the criminal jury system in ethnic minority areas, and clearly puts forward concrete measures to improve the people’s jury system in ethnic minority areas.