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China Jury System Analysis

Author: HouYan
Tutor: XuLanTing
School: China University of Political Science
Course: Procedural Law
Keywords: The jury system Jury People's assessors
CLC: D926.2
Type: Master's thesis
Year: 2008
Downloads: 253
Quote: 1
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Abstract

Once upon a time, watching the U.S. head of the drama jury rose to say \hearts only to read the entire decision in the case the result depends entirely on the jurors. Although with the depth of their learning, this biased point of view has been corrected, but continues unabated interest in the jury system. Our country the people's jury system, has always been a lot of scholars claim to draw on the common law into the jury trial system in order to transform the existing system. With the formal implementation of the May 1, 2005 the National People's Congress Standing Committee on the decision to improve the people's jury system \The jury on the TV screen is so mysterious, learned more or less due to undergraduate social psychology of knowledge, a small group can not help but think of the council chamber in such a 12-member, should have many of the social group decision-making various characteristics. Past analysis of the jury system to start from the legal, political level, but sociology, psychology, knowledge also played a pivotal role. Therefore, this article would be to sociology, psychology point of view to re-examine the jury system, in order to explore the Chinese jury system from the American jury trial system in the end how far. If we do not for the jury system with long-term vitality of the American jury trial is noteworthy. Mainly from four aspects, divided into the brief of the jury system, China and the United States Jury System of the horizontal dimension, vertical dimension, as well as the conclusion. Jury System Description: From the analysis begins with the letter of the jury system and institutional level. The jury system has two types of jury trial system and assessor system are briefly summarized below the jury to the United States produced a detailed analysis of the first section only in judging cases on behalf of the national German system development and status. The second section begins by tracing the origins of the jury system, to locate the nature of trial by jury, the jury system should be a kind of judicial system, but not too much emphasis on its political function. And analysis of the value function of the jury system. Section III Introduction to the jury system in the development and current situation of China and the United States. The second part is a horizontal analysis of Sino-US jury system to explore the suitability of the jury system and the American jury system worthy of our reference section. The first is the social and cultural environment, social homogeneity, educational level, and allow the wishes of citizens to participate in four aspects of the law endorsed by the extent and social analysis of the socio-cultural implementation of the fit of the jury trial, concluded our does not have the United States is so high fit and should not implement a jury trial. The operation of the jury not only need the support of social and cultural, the more necessary with the relevant judicial system. So focused on the jury system is closely related to the adversarial system of litigation mode and sophisticated rules of evidence. In these two areas, the lack of resulting in jury functioning judicial environment and do not have. The third part of the longitudinal dimension. Elected in accordance with the process of criminal proceedings is most closely associated with the jurors and the jury system, opening statements, the burden of proof, the court debate, the judge's instructions, the appraisal stage of a detailed comparative analysis. China and the U.S. jury system in the pros and cons of the litigation process to display their skills, and China can learn from the system procedures listed in the various stages accordingly. Finally, the conclusion of this article. Analysis of Sino-US vertical and horizontal to, come to our country is not suitable for the jury trial system, the conclusions of the jury system should be retained, and the United States system is worth before we learn not mentioned in the section of summary. The purpose of this writing in addition to explore the improvement of the Chinese jury system, the more hope of trial by jury following by a strong wind and heavy rain, will not be forgotten, arousing the interest of the public right of trial by jury, to deepen its understanding of, and actively involved in the jury the operation of the system, so that the jury system really play their due role

China Jury System Analysis

Abstract

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