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On China's Jury System

Posted on:2003-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:S NingFull Text:PDF
GTID:2156360092960138Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Jury system refers to a judicial system that absorbs ordinary people, non-professional judges according to the laws to take part in the trial of civil, administrative and criminal cases. In modern society ruled by law, jury system is popular and highly praised in many countries as a democratic form and a guarantee system that citizens and people take part in judicial actions directly. Our country's jury system has such characteristics in four aspects as its comprehensive jury and so on, in the mean time it plays function on maintaining judicial justice and democracy and consummating judicial practice etc. But our country's jury system has so many defects on legislative and judicial level. For example, present legislation restricts the application of jury system. It becomes very narrow. Then jurors don't have independent legal positions, the formulations of jury system in the procedural law are confused. Even worse, there are no formulations for jurors' qualification requirements terms, responsibility range, specific powers and jurors' treatments etc. At present, there are lots of discussion about the abolishment and preservation of Chinese jury system. Three pieces of attitude come up. One is saying of abolishment. One is saying of jurors. The other is saying of preservation and perfection. The former two attitudes don't have enough reasons, neither do they match the real conditions of our country. So they can't be adopted. Then what is the outlet for our country jury system? The correct attitude we should adopt is to take actions to keep consummating it in practice.
Keywords/Search Tags:jury system, value, characteristic, rentention, abolishment, jury, analysis, consummate
PDF Full Text Request
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