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Executive Summary Of The Diassertation

Posted on:2007-01-03Degree:DoctorType:Dissertation
Country:ChinaCandidate:A J YangFull Text:PDF
GTID:1116360185472618Subject:Procedural Law
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bThis dissertation contains three parts besides the preface, the introduction and the conclusion.In the preface and the introduction,the author mainly introduces some concepts this diassertation adopted. Generally speaking,the jury system is a body of persons, including professional and nonprofessional judges (lay assessors) ,who coming together to judge and give a verdict on a given matter, especially a body of persons summoned by law and sworn to hear and hand down a verdict upon a case presented in court which adopted in the common law system countries such as the United Kingdom and American. In this dissertation, the author uses the term "the jury system " to indicate all the alike forms which adopted in the common law system countries in the United Kingdom and American, in the civil law system countries such as France and Germany, the jury consists of a mix of judges and lay assessors in former Soviet Union and China, as well as the new system which is going to be adopted by Japanese government. This diassertation mainly studies the petity jury system,and their influences to China's System of People's Assessors.In the first part, the author pursues the historical origin, procession and reasons of the development of the jury system, analyzes and concludes the academic basis of the system. In his opinion, the bud, erupt and development of the jury system are the embodiment of the evolvement of the democratic system in the judiciary, the system is an important implementation of the democracy. The rise and fall of the jury system in those countries make it clear that whether or not adopt the jury system is more a political choice.The jury system,which had a long history and may be the most old-line and strong judiciary,is a kind of civilization created by the people in order to pursue the democratization of the judicature. It had experienced from the administrational tool of the king to the tool to expand domination areas, and to protect the people's rights, finally to an individual right. The system originated from the administration tool of the king of Caroling Empire, then came into...
Keywords/Search Tags:Diassertation
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