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On the Jury System

Author: JiangXiao
Tutor: LiuMei;BianJianLin
School: China University of Political Science
Course: Procedural Law
Keywords: Criminal Jury System The jury system. Procedural fairness Substantive Truth The course of justice Perpetrating Assessor Development and evolution Judicial democracy Professional judges
CLC: D925.2
Type: Master's thesis
Year: 2001
Downloads: 274
Quote: 3
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Abstract


The criminal jury system of citizens to participate in the administration of justice, the defendant is guilty or not judge alone, or together with professional judges whether or not the defendant is guilty and sentencing to make a ruling of the trial system. The jury system can be divided into the Anglo-American jury system and the mainland assessor system. There are two main distinguishing criteria: first, whether to participate in the trial of citizens ruled alone. Second, the ruling whether to allow a general right of appeal. The jury system in ancient and medieval Europe as the purpose of justice exists. Become one of the important means to achieve democracy and impartiality of the judiciary, and the nature of a fundamental change has occurred in modern criminal proceedings. Through the analysis, the paper argues that the value of the target of the jury emphasis on the creation of the external environment and conditions for procedural fairness, rather than in the traditional doctrine take into account the the entity true and program justice. To study the characteristics of the jury system (defects) in-depth analysis of the pros and cons of the assessor system and the jury system is particularly important in the case of our country to discuss the retention or abolition of the jury system and even choose what kind of trial by jury. This article as a whole can be divided into four parts: the first chapter: the evolution of the jury system. This part introduces the History of Europe in ancient, medieval, and near, the development of modern jury system and the evolution of the history of trial by jury in the characteristics of the three phases, the jury system from the destination to the means of conversion. Chapter II: the theory of the jury system. This section focuses on the jury system to play the role of the entity true and procedural fairness. The true role of the entity with a certain length analysis and rebuttal, that the jury system in the emphasis on values ??to create the external environment and conditions for procedural fairness. Chapter 3: the introduction of the jury system in China. This section focuses on the History of our jury system and the shortcomings of the current jury system. The reasons for the failure of the jury system in our operation. Chapter 4: The Jury System in China's development direction. This part consists of two parts, the first part of the main assessor system and the characteristics of the jury system and the possibility of use in our analysis. Proposed two observations: first, can improve the standardization of the jury system and specific assessor system in China to take advantage of Trial System, to be used in a certain range lt; WP = gt; cases. The perfection of the use of the system so that it formalized into the substance of the real jury has. Play the advantage of the jury more thorough achieve justice, to implement jury trial on the extremely serious nature of the crime, and apply to the rights of the accused. From both elective and other aspects of the jurors to start, try to reduce the consuming jury trial. The second part presents a number of specific measures to improve.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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