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Our jury system reconstruction from the practice of criminal justice

Author: YinHeMing
Tutor: XueFu
School: Southwest University of Political Science
Course: Legal
Keywords: The practice of criminal justice Trial by Jury People 's Jury System Malpractice Reconstructed
CLC: D926.2
Type: Master's thesis
Year: 2011
Downloads: 28
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Abstract

Since China adopted in 1949, the people's jury system, the system has been implemented in our country for more than sixty years, than practical significance because of its symbolism in the actual operation, law academic and practical embarked on a fight against the people's jury system Abolition of the. Most of the articles to support the people's jury system to retain or reform from the value of the jury system and the need to talk about the jury system exists, few people analyze the presence of China's current judicial practice, whether the jury system. The aim of this paper, a documented through analyzing the existing problems in China's current criminal justice practices, in order to prove the necessity of the presence of the jury system in China. Analysis and appraisal of the shortcomings of the people's jury system currently running at the same time through the necessity of reform, and the reform envisaged. The article is divided into four parts: In the first part, the author of the case from the three aspects of the significant issues that exist in the current criminal justice practice profiling. First, the analysis of the influence of the main reason for China's judicial independence, that is, by the powers of intervention and opinion \Secondly, for the course of justice by the masses highly concerned about the current situation, three important reasons to analyze the impact of the administration of justice, judicial corruption, the \Finally, by the unprecedented challenge for our judicial credibility problem, the analysis of the main undermine judicial credibility is difficult to guarantee the independence of the judiciary, the public lack of trust in the administration of justice, Justice and Society did not establish an effective communication mechanism. In the second part, the author focuses on the jury system can play an important role in resolving these issues. First, the analysis of the role of the jury system for achieving the independence of the judiciary, and that the jury system can better deal with the relationship between the judicial and public opinion, justice against public opinion \, to make the justice against outside intervention; jury system to long-standing abuse of the impact of the administration of the trial, and of the Independence of Judges and trial level independent. Second, analysis of the role played by the jury system to achieve justice, that is conducive to safeguarding the independence of the judiciary, will also help to prevent corruption in the judiciary, prosecution awareness curb judges favor. Finally, the analysis of the role of the jury system in enhancing the credibility of justice, that is conducive to safeguarding the independence of the judiciary, to achieve justice, but also help to make the judicial and social merging mutual influence. In the third part, the author analyzed from six aspects of the status quo of China's People's Jury System and defects, and pointed out that the people's jury system in China is difficult to play a role in maintaining the independence of the judiciary and ensure justice, enhance the credibility of justice. First, it is pointed out that the declining status of our people the legal status of the jury system. Secondly, it is pointed out that the lack of democracy and people's jury set the qualifications and selection process, it is difficult to reflect the democratic nature of the jury system, it is difficult to maintain the independence of the judiciary, and to achieve justice. Third, pointed out that the people's jury system, the scope is too casual, and the jury system is difficult to prove effective. Fourth, pointed out that under the current design of the people's jury system, the people's jury does not have independent status in the real sense, the people's jury decision in the case is difficult to play a real impact, causing the referee also lack of authority of the people's jury system. Fifth, that prominent occupational phenomenon of people's jurors, is not conducive to the supervision of the people's jury of professional judges, increasing the possibility of corruption of the people's jury, it is difficult to reflect the democratic content of the jury system is not conducive to social Franco-Prussian education. Sixth, pointed out the drawbacks of the people's jury management style and other issues. In the fourth part, difficult for the people's jury system in the judicial practice in China to play an effective role, the author proposes a reconstruction of people's jury system reform recommendations. First, the choice of the mode of the jury system, I think trapped in our current judicial system, as well as the inherent flaws in judging cases - to deny judicial activities of the legal issues involved in the professional characteristics difficult to play a practical role in judging cases in our country. While the jury system binary referee structure is conducive to the impact of the current judicial system defects, and safeguard judicial independence, to achieve justice, enhance judicial credibility. Second, in view of China and Russia (former Soviet Union) belong to the civil law countries with strong roots, and especially in the criminal procedure system of trial by jury, the the author modeled on the Russian jury system, the initial ideas of our jury system reconstruction. Epilogue, the author pointed out that the terms of the reform of the jury system, whether it is perfect or reconstructed will be a vast long project, the short term can not be achieved. But we should be on the jury system, persistent research and advocacy, the provision of basic social and theoretical foundation for the future reform of the jury system.

Our jury system reconstruction from the practice of criminal justice

Abstract

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