Font Size: a A A

The People Is Jury System In Law Judge Separation Mechanism Research

Posted on:2017-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y J KangFull Text:PDF
GTID:2296330488473169Subject:Law
Abstract/Summary:PDF Full Text Request
The people’s jurors system is a important judicial system in our country, the establishment of the people’s jury system in our country in the maintenance of judicial democracy and justice and to achieve the masses supervision over judicial aspects play an important role. However, our people’s juror system in their long and tortuous development process also exposed a lot of shortcomings and problems. At present, judicial reform has become the hot issue of our country and the trend of The Times, people’s juror system reform as an important part of today’s judicial reform, is worth our attention and discussion. Before that, on whether the people’s juror system reform, and should be discussed how to reform the academic research and judicial practice also widely exist, but did not obtain the ideal effect. In October 2014, during the fourth plenary session of the party held in the eighteenth improve people’s juror system is proposed. In April 2015, the supreme people’s court in combination with the justice department issued "on the people’s juror system reform pilot scheme" notice, the people’s juror system in 10 provinces and cities such as Beijing, hebei, henan specific reform pilot. The reform involves various aspects of people’s jury system, which about the powers and authorities of office of people’s assessors and cases is the core content of the people’s juror system reform. This reform will of the people’s assessors and the powers and authorities of office of cases by the people’s assessors can participate in the facts of the case that can be involved in the case of the law, gradually changed to explore ways to establish people’s assessors in our country is no longer the case applicable law problems, only to participate in the trial to the fact of the case. People’s juror system law judge and fact judge separation reform exploration, is a substantive and duality revolutionary reform.Based on the above, this paper aimed to the current reform of the judicial system of the people’s juror system law judge and fact judge separation mechanism is studied, trying to find a suitable for the people’s jury system in our country legal separation judge and judge the feasibility of the approach. The article mainly divides into four parts, writing structure is mainly:the first part of the people’s jury system of our country development course and its effect are summarized, and the fact that the concept of judge and the law judge; The second part of the people’s juror system legal judge and judge the cause of the separation. The people’s jury system in our country development present situation and the existing shortcomings, makes the people’s jury system in our country law judge and judge the need for separation, and the present situation in our country with the people’s juror system law judge and judge the feasibility of separation; Article third part introduce the people’s juror system law judge and judge the meaning of separation; The last part discusses the law of people’s assessors to judge and fact judge separation, from two big specification system safeguard and the judicial practice Angle analysis can be the way to solve the problem.Based on the relevant people’s juror system reform background of The Times, guiding the teacher with the help of the selected topic. Constantly in the process of writing an article focus on the reform of the dynamic, and the previous "testing the waters of the people’s jury system, analyzes problems of trying to practical to find out the guiding significance of this article has a substantial content. Before writing this article, the author consult a large number of literature, and has carried on the induction summary to its. This paper is mainly used in the writing of literature research, comparative analysis, induction, based on the former analysis of people’s jurors system research of literature, comparison of the jury system at home and abroad different than 3 models, finally summed up a suitable for the situation of our country the development approach of the people’s juror system reform.At the same time, there are many need to improve in this paper. First of all, the author’s theoretical level is limited, the law of people’s assessors judge and judge the essence of the separation problem analysis lacks depth. Secondly, the author of this article data analysis to examine some of the source files and no teacher younger brother, may with the development of the real situation exists. Once again, I know deep enough to the development of new things, relatively shallow understanding level.
Keywords/Search Tags:The people’s jury system, The fact review, Legal review, The separation mechanism, perfect
PDF Full Text Request
Related items