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On The Fact Judge System Of Chinese People's Jury Work Reform

Posted on:2019-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:X DuanFull Text:PDF
GTID:2416330545474646Subject:Law
Abstract/Summary:PDF Full Text Request
People jury system is one part of our judicial system.Due to non-division of labor between jurors and judges,jurors who nominally have the same power with judges are subject to judges because of being short of legal knowledge and skills,which leads to popular phenomenon that jurors don't try a case when staying in court and non-realization of its function.Separating trial of fact and trial of law,jurors only take part in trial of fact and don't take part in trial of law,which is the essence of jury system of Anglo American law system and the direction of our jury system reform.Our jury system includes three aspects:the scope of jury cases' application,jurors'system and judge system.Peoples'juror law is creative on trial of fact system,but it have deficiency,such as on scope of application,there is vagueness of scope of application and extensiveness of judges'discretionary power on deciding jury trial;on judge system,jurors'judge is short of independence;and unperfection of evidence system,so on.So our jury system is to be perfect.
Keywords/Search Tags:trial of fact system, the scope of jury trial of fact, jurors' system, jury judge system
PDF Full Text Request
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