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On the Pefecting the System of People’s Assessors of China

Author: GaoZhongYi
Tutor: HuangShiYuan
School: Shandong University
Course: Legal
Keywords: The system of people’s assessors value the present situations and problems train of thoughts of reform institutional improvement
CLC: D926.2
Type: Master's thesis
Year: 2010
Downloads: 99
Quote: 0
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Abstract


The jury system, having a long history, has been widely spread, used as a source of reference, copied and put into practice in more than 40 countries, especially in a few western developped countries in the world, which show that it haspowerful vitality. Its value and function have been always highly thought of. The system of people’s assessors in our country is both an important political system of democracy and an important political system of judiciary. Its main value lies in promoting the spirit that sovereignty belongs to the people, opens the door of democratic judiciary, boosts the fair judiciary, advances the fame of it, widens the range of supervision, and develops the spirit of ruling by law. The way of development of system of people’s assessors is rough, just like the one of system of judiciary. Though its development and advancement can be seen, we found lots of unsatisfying aspects when we examine the implementation of the system of people’s assessors of 2 levels courts in Jining. The makeup of people’s assessors is not reasonable. The qualities and the quantities of the cases involved by them are worrying. The expenditure is not carried out. A lot of things need to be improved, such as, the management, training, and supervision of people’s assessors. We value too much for a long time its abstract political function instead of its practical function of judiciary. It’s very important to perfect the organization and mechanism of people’s assessors to examine strictly the judicial funciton, be adapted to the new situations of our development of ecnomics and society,and the new needs and demands of judiciary of the public. With the method of empirical research in law, I examine on the spot the present predicament of the 2 levels courts in Jining region. With a dynamic angle of view, I’ve found out the problems analyzed and solved them. I’ve put forward my basic train of thought of the reform of law. And I’ve put forward some measures to perfect the present system. Here are my train of thoughts. First, the power of people’s assessors is limited to identifying the facts of the cases. Secondly, the mixed mode of investing by the jury and the people’s assessors should be set up. Thirdly, a new workable system should be set up, including how to elect and manage scitifically the people’s assesors, and so on. The system of people’s assessors in our country should be completed in microcosmic and macroscopical aspects so that the construction of system of judiciary can be fully advanced and the fairness and justice in the whole society can be achieved.

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CLC: > Political, legal > Legal > Chinese law > Justice system > The court
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