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The History And Value Of Jury

Posted on:2005-07-17Degree:DoctorType:Dissertation
Country:ChinaCandidate:G D GuoFull Text:PDF
GTID:1116360152985201Subject:Legal history
Abstract/Summary:PDF Full Text Request
This purpose of dissertation is to prove why jury system is good or why it is worth praise.Part One outlines the history of the jury system.Chapter one addresses the birth of jury system in England and its unprecedented heroic role played in the establishment of democracy in recent history and also includes the growth of this fair and accurate game.Chapter two addresses the spreading of the jury system in such common law countries as America. Canada. Australia. New Zealand and Hong Kong. It emphatically depicts the process of inheritance and development of jury system in the US and discuss the successful experience of transplantation thereof in common law countries.Chapter three deals with the transplantation process of jury system in such civil law-countries as France, Germany and Japan and mainly take the France as example to explore the motivation, effect of the introduction of jury system and the historical reason for substituting the assessor system for the jury system.Chapter four analyzes the trend of renaissance in modern time and takes Russia, Spain and Japan as examples to describe the process of reintroduction and attempt to reintroduction of jury system.Part two outlines the priceless value of the jury system acting as a political and judicial body displayed to us, which is the purpose of creating and cherish it.Chapter 5 uses US as an example to explore the procedural rules governing theoperation of jury and addresses the issue of how jury system can find and realize justice.Chapter 6 playbacks the criticisms against the jury system and critiques the viability and cost of jury system accordingly and prove that it is still a good truth-finder both from practical and theoretical perspectives and in fact, the cost of which is acceptable. In addition, two cases are critiqued.Chapter 7 proves that jury acting as a political body possesses such practical political value of democracy, freedom, justice, rule of law and equality, all of which are insulated from each other but inter-related.Chapter 8 proves the value that jury has when acting as judicial in all respects and attaches much importance to its impact on pre-trial preparatory procedures, pleadings, the growth of evidence law and non-hearsay rule, centralization and dramatization of trial and the right to appeal.The closing party outlines the rules of historical development and by comparison with the system of assessor, justifies that the jury system is a better system, whereby the public can participate in the judicial trial.
Keywords/Search Tags:Jury, History, Value
PDF Full Text Request
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