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Research On The Jury System

Posted on:2008-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:S GaoFull Text:PDF
GTID:2166360218450441Subject:Litigation
Abstract/Summary:PDF Full Text Request
The jury system is a judicial system that the state judicial organization selects the citizen to participate the trial. It begins at the Athens and Rome in the slavery period. Now it is widely applied in the judicial practice all over the world. The lay participation can be divided into the jury system and the trial system according to the different formats. The Common Law System countries such as the U.S.A. adopt the jury system, while the Civil Law System countries such as the France adopt the trial system. The Chinese People's Assessor System is more like the trial system of the Civil Law although its name is Chinese jury system. The Chinese People's Assessor System is an important system of the judicial democracy, it has a lot of values, such as judicature democracy, judicature independence, judicature publicity, authority restriction, substantive justice and procedural justice. But the current Chinese People's Assessor System has some constitutive flaws, its superiority in justice hasn't been fully developed. There's an intense argument about the reform or the abolishment of the People's Assessors System. In August 2004, a strengthened system for people's assessors was carried by the National People's Congress's Standing Committee. The Decision is a milestone in the development of the jury system, compared to the earlier rules, it has a lot of merits. But as such an important judicial system, the Bill itself has limitations. Therefore we should do our best to bring the system to perfection.
Keywords/Search Tags:jury system, trial system, jury pool, people's assessors, judicial democracy
PDF Full Text Request
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