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The Reform Of People Assessor System

Posted on:2012-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:G F HouFull Text:PDF
GTID:2166330335470054Subject:Law
Abstract/Summary:PDF Full Text Request
Since I was obsessed by US TV series, every week when the US TV series update I will squeeze time from my busy life and sit before the computer follow the new story quietly. Most of the TV I see is about the law. Every time when I see the jury deliberated and found a verdict of guilty or not guilty, the thinking of why China cannot make teleplay about law as good as those west country, the answer is the different of judicial system, People's assessors is the only one was admit to participate in the court beside the judge, but the People's assessors system haven't get good result because when the people who belonged to People's assessors access the court, they haven't use their power in a good way, the state they show have called "accompany without careful, umpire without discussion". The judicial practice of the People's assessor system in the court finally lead the discussion of theory field, there are three opinions about People's assessor system:the first one is it should be abolish; the second one is it should be keep; the last one thought it should be reform that is the neutralize between the fist one and the second one. After the Bill "Decision on how to improve the People's Assessor System" was passed by The National People's Congress, the debate stopped, but the "Decision on how to improve the People's Assessor System" haven't achieve the goal of make up the short of democratic.When the People's assessor system was be criticized, the higher court of Henan push off the reform which called People's jury after the repeated study and argument. The higher court of Henan choice six cities as the pilot on trial in 2009, and cover all court of the province in 2010. Face the new type of trial, some people said good and some people said not so good. This paper will description from the background, current situation, question it has and the thinking to the new reform, finally the author will give some opinions on the fact of the current judicial system cannot make a big reform to the People's Assessor System,and then back to the rational analysis to the People's jury of higher court of Henan.This paper just is the thinking to the reformation, and with the hope of China's lawsuit system can exert function of democratic value and do more and do better to citizens.
Keywords/Search Tags:Henan, People's Assessor, People's jury
PDF Full Text Request
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