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Research On People’s Jury System In Our Country

Posted on:2024-08-30Degree:MasterType:Thesis
Country:ChinaCandidate:J H LiFull Text:PDF
GTID:2556307127456304Subject:legal
Abstract/Summary:PDF Full Text Request
Since the promulgation of the People’s Jury Law,people’s courts at all levels have strictly implemented it accordingly,effectively realizing the sunshine justice,judicial justice and judicial democracy.It has improved the ordinary citizens’ understanding of justice for people and judicial fairness.The participation of expert jurors has effectively improved the accurate research and judgment of difficult cases.However,needless to say,people’s jury system in practice also has the following problems:in the selection process,the proportion of Party and government institutions personnel is too high.The selection process fails to completely screen out people’s jurors with low quality and lack of mission and sense of responsibility.In the process of trial,there exists the coexistence of "active jurors" and "negligent jurors".In terms of the quality and effectiveness of the jury,there exists the phenomenon of several jurors participating in the trial of cases,appearing "present but not working","working but not enough".Before the trial,some people’s jurors failed to timely study and clear their thoughts on the case.During the trial,some people’s jurors failed to actively ask questions and set their wits to work.And after the trial,some people’s jurors could not actively participate in the evaluation,etc.In the management of people’s jurors,some courts have not established the management and evaluation mechanism of people’s jurors.And the supervision of people’s jurors is not enough.In the face of ensuring the performance of people’s jurors’ duties,there are also incomplete implementation of the jurors’ subsidy system.In lack of unified and perfect assessment reward and punishment mechanism,the people’s jurors and their relatives’ personal safety protection is not enough.In the face of these practical problems,from the perspective of the world,the improvement measures include:innovating the selection system of people’s jurors,appropriately reducing the proportion of personnel in party and government institutions,increasing the publicity of people’s jury system,raising standards of qualification examination to ensure the quality of people’s jurors.It calls for improving the administration of people’s jurors in performing their duties.Setting up a special management department for the daily work of people’s jurors,launching a unified national intelligent management platform for people’s jurors,perfecting the training of people’s jurors,implementing the exercise of people’s jurors’ rights in the trial stage,improving the pre-trial examination system for people’s jurors,dividing the boundaries of "factual issues" and "law application issues",and innovating the means of people’s jurors exercising their rights at the stage of collegial panel review are needed.To add the composition of collegiate panel according to the influence of the case,and to strengthen the supervision of people’s jurors,etc.The improvement of the guarantee mainly lies in strictly executing the funds of people’s jurors,establishing and perfecting the scientific,rational,unified and perfect reward and punishment mechanism,and assuring personal safety of people’s jurors and their relatives.
Keywords/Search Tags:people’s jury system, judicial fairness, qualification selection, jurors’ rights, performance guarantee
PDF Full Text Request
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