Research On Assizes System Of China

To explore the assizes system in China, both in theory and practice, is of great significance. This paper firstly narrates the background of the current assizes system-the latest round of judicial reform, and it discusses the practical significance of continuing to implement the assizes system in China. Then taking the history investigation of the main representative countries of common law countries and civil law countries and the assizes system in China as the breakthrough point, this paper summarizes the features of the current system of assizes in China. On the basis of the above,it summarize the prominent obstacles. Finally, the paper gives the further thinking about how to construct a better assizes system which is suitable for China’s current national conditions, and makes the outlook for the prospects of China’s assizes.Except preface and conclusion, the paper is composed of four parts. Each part is summarized below:The first part narrates the background and practical significance of the current assizes system in China. With the eighth plenary session of the four held and a new round of judicial reform started, the circuit court of the Supreme People’s Court arises at the historic moment and brings a series of new atmosphere. Then, from many different aspects, it analyzes the practical significance of continuing the implementation of the assizes system.The second part firstly introduced the emergence and development of the assize system of typical countries of both the common law countries and civil law countries. Then, it reveals the history investigation of our nation’s assize system and among them, mainly introduces the characteristics of "Ma Xi wu Trial Mode" and its significance.The third part is the key part, mainly elaborates the present situation of the assizes system in China. Firstly, this paper summarizes the significant development superiority of the assizes system in China. Secondly, from multiple perspectives, it analyzes the obstacles in the construction of our country’s assizes system:non-standard operational issues; one-sided "formal" phenomenon in practice; incomplete material security; inadequate communication between the circuit courts and the grassroots organizations; the blind expansion of its scope; and the contradiction between open trials and privacy.The forth part is the important part. In the above described layer by layer, it demonstrates the proactive thinking for a better construction of our nation’s assizes system, such as:to improve the legislation in order to strengthen the system’s running operability; To build a new selection way of recruiting assizes judges; to establish the special financial for assizes; to set the long-term cooperation mechanism between the circuit courts and the grassroots organizations; to construct new professional relationships between assizes judges and lawyers.