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On The Construction Of Chinese Peremptory Challenge System

Posted on:2009-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:Z N LiFull Text:PDF
GTID:2166360272465083Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of judicial civilization and the theory of human rights,"visible justice"is emphasized in the modern litigation, which not only requires the correct and fair verdict, but also lets parties experience the justice and efficiency of the process. The establishment of judicial challenge system is just an important base on which the aim can be achieved. However, due to its inherent shortcomings, the system fails to bring its functions to full play on one hand and restricts the parties'persuit of fairness to a certain degree on the other hand, ie, good intention doesn't necessirily obtain good effect. Consequently, the construction and completion of challenge system with Chinese features can not be neglected to the pursuit of the theme of"fairness and efficency"in our country's judicial activities.Hence, the thesis, on the basis of the review of the history of challenge system at home and the investigation of the system abroad, first dissects the deficiencies of Chinese current judicial challenge system as well the causes of its predicaments, then ellaborates on the necessities and legal value of the additional establishment of peremptory challenge by taking in the corresponding foreign advanced experience. Moreover, it proposes the the mechanism and guarantee measures of the construction of Peremptory Challenge with Chinese features.
Keywords/Search Tags:challenge, judicial challenge, peremptory challenge, content settings
PDF Full Text Request
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