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The People's Jury System From The Perspective Of The Credibility Of The Judiciary

Posted on:2010-08-09Degree:MasterType:Thesis
Country:ChinaCandidate:B ZhangFull Text:PDF
GTID:2166360275960693Subject:Legal theory
Abstract/Summary:PDF Full Text Request
After the birth in 30's of the 20th century, the people's jury system has passed the course of more than half a century, its historical development can be described as full of twists and turns. After entering the 21st century, whether in academia or in practical realm, is still a hot issue in the field of judicial reform, the jury system had an in-depth and detailed study from different points of view, but the jury system with the shape and function to enhance the credibility of the judiciary have overlooked.Because of the current "do not believe in law but Petition," the people flocked to the higher authorities, shocking situation because of judicial corruption, in particular the administration of justice in recent years due to natural common sense and common sense are not set off an upsurge of public opinion by the people questioned the "reasonable case" hair-band, so that the public's society Evaluation of Judicial Conduct and trust continue to reduce, resulting in a serious decline in the credibility of the administration of justice and one of the reasons is that the judicial acts of professional people and social information between the lack of effective communication, public opinion of the pipeline in the judicial system should not be full and there is rational expression. The path to resolve this problem is one of the representatives of the public participate in the trial in person, to share the judge's judicial powers to oversee the administration of justice, strengthen the judicial recognition of the society, avoid the reform of the judicial system, improve the quality of judges and so on regardless of the complexity of the internal channels, through a long-standing legal tradition of the people's jury system to achieve perfect justice to absorb and clear public opinion, to achieve the public and (the court) the judicial system of interaction, are from the outside of the one and only way to enhance the credibility of the administration of justice.This paper uses the method of sociology of law, combined with a literature analysis, interviews, questionnaire method, comparative analysis and empirical analysis of research methods. Survey data come from the judicial institutions, research institutions, groups and individuals in the investigation report. From the recent well-received by the people start to question the typical case, as a theory to support the credibility of the judiciary, from the jury system to explore the historical development of the society to obtain their identity, shaping the pursuit of judicial credibility, as well as by the jury system of justice of democracy and justice the basic values and basic functions with justice in line with the basic connotation of the letter; to contact the people in the history of the jury to compare the changes in the jury system in the history of the West in shaping the credibility of the pursuit of justice are significant differences, combined with "China's jury system study "group, the report provided by the relevant empirical data, the jury system of the people of the" real likelihood "the credibility of the judicial status of the impact of dialysis, compared to the Western jury system differences affect the credibility of the administration of justice, with a view from the credibility of the administration of justice for perspective of the people on the jury system of our country there is a new awareness and compared according to their differences and make recommendations with a view to reconstruction of the people's jury system, to attract the public to enter the rational administration of justice, to enhance the credibility of the administration of justice.The full text is about 35,000 words, and is divided into six parts:In the introduction, the paper indicates the central issues of this paper and discusses the status quo of the research, research methods and the meaning of this research.Chapter 1 explores the theory of the administration of justice analyzing the people's jury system. By defining the concept and scope of the credibility of the judiciary, the structural elements of the credibility of the judiciary which includes the credibility of the judiciary to the public credit and public confidence in the credibility of the judiciary have been analyzed. The status quo of the credibility of the judiciary also has been unveiled.Chapter 2 describes the origin of the jury system and analyzes the value of the pursuit of the jury system to illustrate the inherent association between the jury system and the credibility of the judiciary.Chapter 3 analyzes the historical and present situation of the jury system to reflect the function of the credibility of the judiciary. Chapter 4 discusses the reconstruction direction to improving the people's jury and the enhancing the credibility of the judiciary and puts forward the proposal based on what mentioned above.The conclusion takes a positive stance on the role of the jury system referring to absorbing the rational and expressing of public opinion, enhancing the credibility of the judiciary and achieving the judicial socialization in the background to that judicial reconstruction are changing due to the current judicial status quo of China.
Keywords/Search Tags:The credibility of the administration of justice, jury, the People's Jury, Reconstruction
PDF Full Text Request
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