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A Comparative Study on Several Systems and Practice of the Popularization of Judicial System between China and British

Author: ZhaoZuo
Tutor: LiJing
School: Tianjin University of Commerce
Course: Legal Theory
Keywords: Popularization of Judicature Specialization of Judicature jury system justice of the peace “san ci zhi fa” countryside people judicature
CLC: D956.1
Type: Master's thesis
Year: 2011
Downloads: 17
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Abstract


The popularization of judicature can be analyzed either from the perspective of the occupational dimension or the perspective of political dimension. Occupational dimension tells us that the justice practitioners are come from the public, while political dimension refers to that the social strata who grasp the central power causes other strata to accept their preconceived social order by encouraging the people to be involved in the administration of justice.In fact, political dimension can explain the popularization of judicature intrinsically, whereas occupational dimensions explain superficially. The popularization of judicature can be found both in China and in Britain, such as“jury system”in Britain,“san ci”and the countryside—people judicature in China. As to the popularization of judicature, the distinctions between this two countries falls into three aspects. The first one is the subjective needs of the popularization of judicature, the second is the objective necessity, and the last is the feasibility. What is more, the popularization of judicature denotes“participation”and“relief”. In the modern time, almost all of the typical systems under the popularization of judicature are change more or less in these two countries. Britain, by playing down the participation but attaching great attention to the relief, has dealt with the relationship between the popularization of judicature and the specialization of judicature commendably. In contrast, our country suffered serial failures in the course of adjusting the popularization and specialization of judicature.This study pointed out that the popularization of judicature is significant as long as the political appeal remains. There is no inevitable conflict between the popularization of judicature and the specialization of judicature. In addition, single popularization of judicature or single specialization of judicature can not work smoothly in our country. In a word, China should adhere to the road of specialization of judicature together with the popularization of judicature, and emphasize the substantive relief of the popularization of judicature.

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