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The Perfection And Restructure Of Chinese People's Assessor System In The New Era

Posted on:2007-10-18Degree:MasterType:Thesis
Country:ChinaCandidate:B B WeiFull Text:PDF
GTID:2166360182485640Subject:Procedural Law
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People's assessor system, as an important part of the judicial system, has forced the realization and maintenance of judicatory democracy and democratic surveillance due to its multi-value nature. However, the system has not engendered its prospective effect in practice. Thus, reforming the People's assessor system of China to make the best use of it becomes one of the most important tasks in the judiciary reform, which aims to achieve democracy and justice. Construction of jury system with Chinese characteristic is an important step in the judicial reform and an inevitable requirement to realize and maintain judicatory democracy and justice.Decision of the Standing Committee of the National People's Congress Regarding Perfecting the System of People's Assessors (hereinafter the "Decision") has been passed on 28 August 2004 on the 11th meeting of the Standing Committee of the 10th National People's Congress, and came into force as from 1 May 2005. It is the first set of detailed provisions in the Chinese history that specialized on People's assessor system. The promulgation and implementation of the Decision is one of the inevitable requirements of nomocracy and also a new starting point of the judicial reform. The Decision stipulates the appointment, post-holding, rights and duties, etc. of people's assessors. However, there are limitations in the Decision regarding the expression and its maneuverability in practice.The dissertation analyzes the development of the People's assessor system and certain problems in practice, and brings forward certain suggestions regarding the construction of the system based on the value analysis.
Keywords/Search Tags:People's assessor system, judicial reform and judicial justice
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