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On The Perfection Of The People Jury System

Posted on:2005-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:J YangFull Text:PDF
GTID:2156360125469309Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The jury system seems to contain a kind of eternal temptation and endless appeal for law scholar or worker. Jury system clearly and apparently have some values-the sovereign rights of people, ensuring citizen individual rights and freedom, ensuring proper procedure, maintaining the just of justice, etc, which makes every of law scholar or worker palpitate with excitement for it But the operation of jury system in the justice practice is resulted in numerous censures too. Even to this day, the destiny of jury system is far different in the West various countries, some countries continue holding the big flag of the jury system highly, for instance U.S.A., etc. However, hi some country, the jury system has tends towards declining, has a disconcerting prospect, even is abolished, for instance Japan, etc. In China, the operation effect of the jury systems of people is very unsatisfactory, the people jury system becomes one of the " not essential, exists in name only " furnishes in a lot of courts. The research of the jury system is still in " edge " status in our country at present, a really influential, profound . academy contend and explore has not launched yet, there still exist some defects in the research of the jury system -the bias of methodology, the shallow of study level, the narrow of study vision, and that theory study lags behind the need of justice practice, etc. Under the present situation, it is necessary to strengthen the study on the people jury system and carry through the reform and perfecting of the people jury system in China, which helps to advance the judicial democratization of our country, to promote the reform of justice in our country, and to heighten the level of academic theoretical research of lawsuit science too. Originally the author has analyzed the predicament and reason of the jury systems of people at first in the article, then on the basis of the thingthat carries on comparative analysis to jury systems of China and foreign countries, has put forward the suggestion that the jury makes the pilot project in some areas of China, and has bring forward some concrete reforms and perfection countermeasures to the question that have existed in the people jury systems at present.
Keywords/Search Tags:the jury system, the mixed bench system, the people jury system in China, the reform and perfection
PDF Full Text Request
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