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The Orgin And Development Of The Jury System

Posted on:2015-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:T Q YeFull Text:PDF
GTID:2296330467958666Subject:Legal history
Abstract/Summary:PDF Full Text Request
The jury system in England is a unique system, it is the practice of democratic ideas in the judicialfield, eventually became the symbol of the judicial democracy. The jury system in England issignificantly different from the assessor system,it absorbs the common people into the judicial field in thetrial of the case, and shares the judicial power with the judge.The jury system in England have been affected the jury systems in many countries in the world. Thejury system initially existed only one until1352the king of England setted another jury system.TheBritish jury system played an important role on the formation of the common law,besides,it was widelyspread to other countries,such as America.The formation of the British jury system in fact is inevitablewhile the decline is inevitable.The jury system embodies the democracy by way of public participation,and the judge shows more professional.The jury system and the trial judge have obvious advantages and disadvantages, we shouldobjectively look at the relationship between them.This game between the jury system representative democracy and the judge on behalf of theprofessional is in,which one we should choose,democracy or professional, becomes a problem worththinking.The result of the game also can make nothing of it. The jury system in England,as a sign ofdemocratic justice, as the most influent representative of the democratic idea, should not becancelled.What’s more, we should bear in mind is, jury system is only as a democratic representatives toparticipate in the game, it is not equated with democracy, therefore, even if the system was abolished, butas long as there is a higher form of democracy,the game between democracy and professional will be tocontinue.Although the jury system in England is very different from our people’s jury system, but this doesnot hinder us to reference and learning from it. This reference should include the concept and the specificsystem.
Keywords/Search Tags:Britain, jury system, specialty, democracy, game
PDF Full Text Request
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