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On The Collegiate Bench Of Civil Action In China

Posted on:2017-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:C C ZhangFull Text:PDF
GTID:2296330488966460Subject:Litigation
Abstract/Summary:PDF Full Text Request
The jury collegial panel as an important basis for the operation of the jury system, each part of the contents will affect the jury system. In order to change the past jury collegial panel in operation chaos, in 2015, the Supreme People’s court and other departments have issued documents, selecting some of the court for the pilot and officially launched the reform of the jury system. This paper aims at deconstructing the civil jury system of collegiate bench, anglicizing the problems in the reform measures from the angle of the constituent elements of the collegiate bench to propose a revised opinion, and then improve the civil jury system collegiate court reform in the construction of the system.Firstly, this paper expounds the connotation and functions of collegial jury system, analysis of the jury system of collegial panel "accompany without trial" situation and initially introduced the basic situation of the jury system reform of collegial panel. Secondly, focusing on the deconstruction of the civil jury system, the paper compares on jury system between the present type and the new type by the form of Graphs, anglicizing of the progress of the new jury in the scope of application of the case, the terms of reference, and composition mode. Thirdly, the author analysis of the unsatisfactory points in the reform of the collegiate bench system of civil procedure in China, including of the question on jurors role, the division of functions and powers of members, the scope of application of the case, the collegial panel composition, the course of the trial and collegiate bench system.Finally, in view of the above problems, the author put forward some relevant suggestions. It is clear that the role of the jury is a judge. The functions and powers of the jurors are limited to cognizance the facts of the case together with the professional judges. Collegiate bench need to be diversified, but also based on the characteristics of the case to choose the application. The trial procedures need become more conducive for the jury to find the fact. Set some detailed review rules.
Keywords/Search Tags:civil, Collegiate bench, reform, deconstruction, perfect
PDF Full Text Request
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