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An Empirical Analysis On The Reform Pilot Practice Of People’s Assessor System

Posted on:2018-10-12Degree:MasterType:Thesis
Country:ChinaCandidate:W J LiFull Text:PDF
GTID:2416330515953670Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Since 2004,People’s Assessor System presents the scene of recovery and prosperity during the reform:about the top design,the Standing Committee of the National People’s Congress adopted the Decision on the Perfection of People’s Assessor System.The Supreme People’s Court clearly proposed to continue improving the People’s Assessor System in the second and the third Five-Year Development Outline.In the underlying exploration,across the country there are countless innovations in the courts,and the jury rate is rising too.But,due to the laws do not fit with the reality of the jury,the soil of jury culture is barren,judicial practice is typical of utilitarian color,the People’s Assessors System emerges serious alienation.To explore the rational path of the reform of the People’s Assessors System,in April 2015,the Standing Committee of the National People’s Congress authorized 50 courts of Beijing,Hebei and other 8 provinces to carry out the People’s Assessor System reform.Obviously it will help reformers to re-examine the functional orientation of People’s Assessor System,exploring the reform path which is correspond to the basic concept of People’s Assessor System,and make the system return to it’s proper value function.In the article,the author introduces the situation of the five pilot courts in F Province in a objective and comprehensive way.The author analyzes the results,difficulties and the causes,then put forward the basic thought of reform of People’s Assessor System.This thesis is divided into four chapters.Chapter 1,the basic situation of samples and research methods.The author introduces basic situation of the five courts in F Province and the research methods.The author expects to put forward improved thoughts which are more targeted and workable.Chapter 2,an empirical study on the pilot courts of People’s Assessor System reform.The author states the five pilot courts reform measures and the results in election mechanism,participating trail mechanism,management mechanism and duty performing guarantee mechanism.Chapter 3,the evaluation of the reform of People’s Assessor System.First of all,the author makes objective judgements on the effects of the pilot courts reform in F Province.Secondly,it analyzes and summarizes the problems existing in the operation of the pilot courts reform,and explains the alienation phenomenon in the system reform practice,revealing the causes of alienation.Chapter 4,optimize the route of reforming the system of People’s Assessor System.People’s Assessor System reform should synchronize the ideas and the system design,even the change of ideas should take precedence of the system change.Therefore,we should improve the election and trial participating mechanism,and optimize management and guarantee mechanism.
Keywords/Search Tags:Jury System, Empirical Analysis, Perfect Path
PDF Full Text Request
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