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Research On The Participation Of People’s Jurors In Criminal Procedure

Posted on:2022-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:L Q YiFull Text:PDF
GTID:2506306509953849Subject:legal
Abstract/Summary:PDF Full Text Request
The participation of people’s assessors in criminal proceedings is an important judicial system in my country.While advancing judicial democracy,it helps to discover the truth of the entity and promote the fairness of the procedure,so as to realize the fairness of the judgment.Since the promulgation of relevant laws and judicial interpretations,the implementation status of jurors’ participation in criminal proceedings has been significantly improved.However,due to various factors,the problem of jurors’ "jury without trial" in my country has not been effectively resolved.The focus of academic research.How to effectively promote the substantive participation of jurors in the trial and eliminate criticism is the focus of our attention.In judicial practice,a series of problems such as "full-time jurors",confusion in the scope of trial participation,and formalization of trial powers still exist,which will affect the foundation of the people’s juror participation system.Therefore,in response to the above issues,we should first improve the jury selection mechanism,and strictly implement the broadness,representativeness and randomness.This is the basis for jurors’ substantive participation in the trial.A weak foundation will affect its development.In addition,the scope of application of jurors in criminal cases is also a solution strategy that cannot be ignored.Only a reasonable scope of participation can give full play to the functions of the juror system without wasting judicial resources;it is also necessary to protect the right of the parties to apply for jurors to participate in the trial.It is the public’s recognition and desire for jurors to participate in the trial.The most important thing is to improve the jury’s participation mechanism,standardize the pre-trial review and improve the content of the judge’s instructions to the juror;optimize the current mode of jurors’ powers,especially pay attention to the function of the fact list system,provide directions for jurors to identify facts,and further promote the substantive road of people’s jurors in criminal proceedings.
Keywords/Search Tags:right of participate, participation mechanism, judge’s instructions, substantive participation
PDF Full Text Request
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