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The Reform And The Improvement Of The People Jury System

Posted on:2012-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:H J ZhaoFull Text:PDF
GTID:2166330332497777Subject:Law
Abstract/Summary:PDF Full Text Request
The jury system is the people's court case in the trial process, from the ordinary people eligible to participate in a collegial panel composed of the system of trials. The implementation of the jury system is the direct participation by citizens of a democratic form of judicial activities, the proceedings in the people's court to set a supervisory mechanisms, and for the suppression of judicial corruption and achieve judicial democracy is of great significance. First of the jury system activities from the late political reform to be introduced from the West, after various periods of change, but for various reasons did not reflect the people's jury system has long been out of its functions, with the expected value of the target very different far away, so that theory and practice community abolition of the jury system had a heated discussion. Today, in our current democratic political construction and judicial reform, environment, the maintenance of judicial protection of civil rights, democracy and the value received widespread attention again. However, the existing provisions of law on the jury system still many shortcomings, but also because of its actual operation is too general and difficult to effectively implement and further improve the trend is unstoppable and the trend. In this paper, the study of the contents of the jury system, to uphold, improve the jury system as the main starting point, combined with practical problems, were discussed. I believe that the existence of many problems in the jury system is the main reason for the legislative level, the operational level is imperfect, model design unreasonable. In this paper, to establish the jury from the constitutional status of legislation on the classification of the jury, working conditions and terms of reference, the jury shall be prescribed manner, operating on the development of corresponding measures and the implementation details of the pattern jury trial system and the design parameters expert jury and the pattern and other methods and perspectives in order to cause experts and scholars on the jury system more attention and study. Full-text is divided into three parts, of the jury system and the basic situation of running the main problems, problems of Jury System Analysis, Jury System of the jury reform and improve these three areas, the use of comparison, analysis induction, summarizing research methods, analysis of the current jury system to run our people the basic situation and problems, starting from the judicial practice in China, made from the legislation, operation, pattern jury reform methods improve the people's jury system and the point of view. From the legislative point of view to establish the status of the jury system, the legislative classification of the jury, according to classification to determine conditions of employment, provision and participation of people's jurors jury term way, clearly the jury duty; in practice in the development of corresponding measures and the implementation details of the implementation of the full court jury-style accountability, establishing a jury of experts in judging cases combined with the jury model, the objective to create a good condition to ensure that jurors be able to effectively carry out the people responsible for the people of our country jury system really work in practice, reflecting its value.
Keywords/Search Tags:The Jury, Jury System, Perfection of Legislation
PDF Full Text Request
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