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The Improvement Of People’s Jury System

Posted on:2017-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhaoFull Text:PDF
GTID:2296330485989614Subject:Law
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In order to implement the policy of reform made by the party’s 18, promote the construction of socialist country ruled by law, the party’s eighteen sessions of the Third and Fourth Plenary Session of the reform of the jury system. Development Trend of the jury system, over the years by law experts and enthusiastic review of judicial practice, to vigorously promote innovation across the country today, the jury system, a series of new measures to attract the legislature, the judiciary, law so that all aspects of public opinion scholar attention, showing the existence of this system has important significance.Jury system in the course of the trial by the ordinary citizen and the judge hearing the case together with the judicial system, in line with China’s national conditions is the expression of a judicial means of public opinion. Citizen Participation in the trial may be introduced into the public view of justice, judges and professional skills to create complementary advantages, widespread solve social conflicts and disputes. Innovation of the jury system and judicial trends coincide, reflects the social masses of the judicial process and the results of the due process and the pursuit of the jury for the clear rights of citizens,increase the range of reference the docket to explore people’s participation in the judicial norms in many ways, promote judicial vaporized, accelerate the development of judicial equity, improve judicial transparency is important.Our jury system very early, but in practice did not really play its full role. In recent years,the judicial activities of the jury system exhibited many problems, such as lack of people’s assessors universality and lack of responsibility, the scope of the case the jury is not clear, the rights and obligations of conflict, lack of management mechanisms to ensure the active participation of the trial system is not standardized and other issues, as well as the resulting "not accompany the trial, the trial without discussion", "the jury in court", "supernumerary judges", elected increasingly "elite", the community wide public focus of attention and controversial cases it is not visible participation of people’s assessors and the like. People Jury System in judicial activities led to the alienation of the jury system is ignored, so in our country, many scholars questioned the value of not only locating the jury system, and the abolition of the people’s jurors also have differences of opinion.I believe that in our particular historical and cultural background of the jury system in each stage has different manifestations, there are still some problems in this stage, but not limited to lack of people’s jury system on to abandon the system. There are two typical patterncommon law jury system and civil law trial system in the world today. As more and more countries in the judicial democratization, social importance, the rise of a wave of judicial reform in each country. In these countries, the Japanese referee system, South Korea’s national system participate in the trial, the jury court system of the Russian representative,there are very positive approach in practice, but in the implementation process of these countries there are problems that need attention. So in this article we focus on analysis of the status of implementation of the jury system, compared to the reference measure of success in the implementation of the foreign jury system, and to improve our people’s jury system in the existing problems in order to make our system of people’s jurors achieve justice democratization and socialization, thereby propose specific measures suited to China’s national conditions. Because modern jury system originated from abroad, in foreign countries more mature countries of the jury system long-term development and concerns proved jury system in its national existence is reasonable and timeliness, have their own unique characteristics, history and modern justice system We are in an important position. As an opportunity to study and analyze the development of the jury system and causes problems,learn from the successful practices of foreign countries, the current judicial reform has important reference value and practical significance.I hope that through the generation and development of our people’s jury system, the current situation of the jury system and the necessity of its existence to implement a comprehensive analysis, the reasons for the current problems and the people’s jury system in the judicial practice behind the careful analysis to explore the. And to study the legislation and judicial practice of foreign jury system, referring to foreign advantages, I believe that the United States, Germany, Korea, Japan and other countries in the jury system of legal norms,system design, and other aspects worth considering learning place, combined with the results of people’s jurors since the implementation of reform and to obtain the problems reflected, put forward relevant legal principles and concrete measures to improve our people’s jury system,so that the system and the integration of China’s national conditions, efforts to build with Chinese people’s jury system characteristics.
Keywords/Search Tags:Judicial reform, People jury system, Public participation, Democracy and justice
PDF Full Text Request
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