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A Considerations On The Judicial Assessers System Of The PRC

Posted on:2008-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y G YangFull Text:PDF
GTID:2166360242965169Subject:Law
Abstract/Summary:PDF Full Text Request
Jury system is an important form of organization for the common people to take part in the judicial activities. It is the major representation and guarantee of judicial democracy, which mainly takes the form of group jury system and the participation in the trial system. Learning and transferring from the jury system, the people's jury system in our country is the one in which the people's juror participates in the full court during the course of the trial of cases in the people's courts. To practice the people's jury system and allow the common people to take part in the judicial activities is the specific expression of the implementation of letting the common people to participate in the management of the affairs of a nation. It demonstrates the democracy of the socialist system, and sets up a direct supervision and control system in order to make the trial of cases open, fair and just, so that judicial transparency can be improved. Therefore, the people's jury system based on democratic constitutional government is of great value in political democracy and judicial devices, which is helpful for the realization of judicial democracy and judicial justice. However, there are many factors that influence and limit the people's jury system to play its role to the full. At the same time, the people's jury system is still imperfect, so that there are still some problems. The reform of the people's jury system is inevitable and necessary. The essence of the reform and improvement of the people's jury system is to borrow and refine the advanced experience of foreign countries and draw lessons from history, then, to further promote its experimentation and localization, promoting the common and coordinated development of politics, economy, culture, history, the level of social development, mass cognition, etc. So, the constitutional status of the people's juror system should be firstly recovered, and the People's Juror Law should be laid down. On this basis, the choosing and appointing qualifications of juror, the choosing procedure of juror and the rights and obligations of juror should be defined, the application of jury cases should be regulated, the scientific governing system of juror should be built up, and the optional right of procedure of parties in jury cases should be guaranteed. Only through active great efforts in many aspects, the value of the people's juror system could be realized.
Keywords/Search Tags:jury system, people's juror, reform suggestion
PDF Full Text Request
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