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On Jury System

Posted on:2012-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:X H YueFull Text:PDF
GTID:2166330332498427Subject:Law
Abstract/Summary:PDF Full Text Request
The judicial democratization of the judicial power is the world trend, the most direct way of the judicial democratization is Citizens participate in trial. Undoubtedly Citizens participate in trial Will clear up The citizens'doubt to the credibility of the judiciary, raise people's faith in the justice system. By the public participate in trial, it will educate citizens and make them have law conception,and be propitious to the building of the law society. To promote judicial democracy, our country carried up the people's assessor system. But it can't play its role.There are a lot of problems occurred. For example, regional assessors were unwilling to participate; they neither took part in the judgments nor make any comment on the trial. Other than that, the assessors were mostly made up of government related organization, which affects the extensiveness of the representation. Even until now, people's assessor system in China hasn't got the best out of its system.The purpose of this article is to analyze the problems in the people's assessor system and come up with suggestions for how to perfect the people's assessor system. Make citizens participate in trail better to realize judicial democracy, judicial justice and raise people's faith in the justice system.There mainly four section in this article .Chapter 1 shall discuss the conception and significance that underlie citizen participation in judicial decision making. The value of jury system is that it reflects the community's standards, and protects the judicial system from abuses by corrupt judges. realize judicial democracy and judicial justice, it explains why the system has received such widespread acceptance the world over, and why no government has been able to completely abolish citizen participation, no matter how hard they try.Chapter 2 shall discuss the background and the development of the jury system in the Anglo-American Legal System. And then take the United States as example to illustrate how the American's jury system running from the choosing of Juror and explore the functional aspects of the jury system, and then analyze the present condition and deficiencies of the jury system .Chapter 3 shall discuss the background and the development of the jury system in Continental Legal System. And then take Germany as example to illustrate how the American's jury system running from the choosing of Juror and explore the functional aspects of the jury system, then analyze the present condition and deficiencies of the jury system.Chapter 4 shall discuss condition of the people's assessor system in our country. Then analyze the problems in the people's assessor system and come up with suggestions for how to perfect the people's assessor system.1. Change the way of choosing assessor to expand the extensiveness of the representation and universality of people's assessor.2. Chang the people's assessor system and establish the people's jury system.
Keywords/Search Tags:Jury System, Judicial Democracy, Justice, People's Assessor System
PDF Full Text Request
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