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On the People’s Jury System in Our Country

Author: ZhaoWanJu
Tutor: SunYanShan
School: Hebei Normal
Course: Political Theory
Keywords: System of people’s Assessors Superiority Problem response
CLC: D926.2
Type: Master's thesis
Year: 2011
Downloads: 85
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Abstract

The jury system is very important in our justice system, it has positive effects and unique value in many aspects , including promotion of judicial democracy ,the interests of justice , the establishing of judicial authority and promotion judicial processes .However the jury system was imported to China and started late ,as a result ,it has some problem and imperfection in the operation and application on process .The paper describes the jury system in contemporary China in four aspects .Including the summary of jury system ,the historical envolution and main characteristics about the jury system in our country,the advantage and problems ,perfecting measures and so on. The first part of the jury system describes the production development,theory and practice in Western countries,Take the classical Athens, ancient Rome, in Anglo-American law the countries of continental law system for example, next comparison the Two counties jury system , elaborate the form、function、vitality respetively ; finaly we analysis the jury system idea ,that is the common trials、the fair about the trial activities、the public elimination the mystery about the trial and reach argreement with the public. The four aspects lay the foundation for drawing lessons from abroad jury system and perfecting the jury system .The second part tall about the historical envolution and main characteristics about the jury system in our country. the historical envolution elaborate the application about jury system in our county judicial system ; characteristics analysis the different about our county with Western country ,that is overall、immobilized、arbitrary、uncertainty. The third part descript the advantage and problems about the jury system in our country .the performonce about advantage are :the people enjoy political rights、judical democracy、fair trial、judicial supervision、the reduction of petition、building a harmonious society、the rule of law publicity and education. The performance about the problems are :Monitoring the implementation of measures are not perfect、Accountability mechanism is not perfect、Elective procedures are not strictly、Funds safeguard measures are not perfect、The lack of a clear legislative norms、The people’s assessors need to enhance the quality、Trial discourse power needs to be improved. the fourth part of the jury system aimed at the limitation of our people, put forward concrete measures to improve, including: a clear scope of the jury, to strengthen organization and leadership, increased emphasis, the Legislative improve the jury system on the legal status of transparent selection procedures, improve the selection mechanism to ensure that the jury treated the jury’s term of office do a good job, supervision, how to learn from good practices abroad, the jury system, the author talk about ourselves through the people’s jury system superficial understanding of the jury system to further explain the importance of building socialism with Chinese characteristics, and to further improve our people’s jury system, improve the legal system of society, to promote the social and legal process, the points put forward their own improvements.Jury system Compared with western countries,the western countries judicial organs absorption non occupation judges participate in the trial of cases. it have two Form:one is participating interrogation system , that court is composed by occupation judges and Juror ,it trials the facts of the case and applicable lawn together.;the other one is The jury system in countries of Anglo-American law system,that jury is Composed by ordinary citizens, it rules the facts of the case, the judges sresponsible for how to application the specific legislation.The people’s jury system is the peculiar Jury system in our country ,that is to say The people’s juries who election In accordance with the legal procedures, participate in the trial activities in People’s court and have the same right with the Judges. The people’s jury system in our country has the nature of assessor, In general, it is similar to the continental law assessor system., In the aspect of Ascertaining the facts and applicable law, the juror have the same jurisdiction with the judge, they are engaged in Trial In common, but the Juror have the special points.Compared with foreign jury system, The people’s jury system in our country started later, existence many deficiency stilly. it not only having contact But also difference, it can say the people’s jury system absorption many spirit from The jury system in the western countries, but have the essence of difference. The Jury system Produce first, it Laid the foundation for the people’s jury system ,therefore, madding a system carding and theory analysis, finding the reasonable have important draw lessons from a meaning for The people’s jury system in our country.

On the People’s Jury System in Our Country

Abstract

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