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The People’s Jury System of China in History and Reality

Author: FangYiQiong
Tutor: WuYingZi
School: Nanjing University
Course: Procedural Law
Keywords: The people's jury system Judicial reform The people of the jury Public opinion
CLC: D926.2
Type: Master's thesis
Year: 2011
Downloads: 94
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Abstract

The jury system originated in the late Qing Reforms and Modification of the law, and slowly in the process of revolution and construction of China's long-term growth and development, and gradually formed a people's jury system with Chinese characteristics. The people's jury system in the bud, the rise, glory, decline, recovery, showing a weakening of the historical development of the process of profound national tendency to pragmatism, and the end of the 1990s, it also revived and new development, this development along with the trial court a way of reform and was given a different meaning. Institutional improvement and development of the system of people's jurors, but in the real operation, there are still some unsatisfactory issues, the existence of these problems affect its function and value realization, and to promote all over the court to conduct a variety of Reform and innovation. On this basis, the reflection of the overall conduct of the jury system and judicial reform in China and asked the key to reform and improve the jury system is to build public opinion and orderly into the judicial mechanism for positive interaction between public opinion and judicial, and This is a breakthrough in the plight of the people's jury system breakout. Paper is divided into four parts: 1, chap closely linked to the history, describes the historical development of the people's jury process, analyze and explore the impact of factors that affect the historical trajectory of the system behind the development of this system reveals mainly by the different periods countries need guidance, showing a deep pragmatism tendencies, and pave the way for the design, operation, and the plight of the people's jury system today. 2, the second chapter is divided into three parts, the first part of the combined system of people's jurors interests and push factors in contemporary the renaissance historical analysis subsequent to clarify again revival of the people's jury system is driven by the Supreme People's Court and caters its desire to resolve the dilemma of justice; noted in the second part of the people's jury system exists in the practical operation of the \three parts combined with local or overall reform practice around the court for the system of people's jurors, Shimonoseki District jurors \3, Chapter III of the people's jury system reform into the part of the judicial reform, that the functionality of the system, the reform of basic as well as the steps of China's judicial reform, stage of theoretical reflection. 4, the fourth chapter discussion under previous chapter, proposed reform of the jury system, realize the plight of the system to break through concrete ideas that build public opinion ordered into the judicial mechanisms to ensure broad representation of the source of the jurors and members diversification, positive interaction between public opinion and judicial.

The People’s Jury System of China in History and Reality

Abstract

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