The Analysis And Learning On The Justices Of The Peace System

Laws and legal system itself is a social phenomenon,the law from the community, society at all levels of material and intellectual support for the formation of the law,it is impossible to put aside their social environment to study the law,and the same is true of the Code of Criminal Procedure.The legal system and social environment promote and restrict each other,if the establishment of the legal system in line with the requirements of social development,the changes will promote social development,and otherwise impede the progress of social constraints.In the criminal justice system,the people involved in a wide range of judicial activities,the judicial system is a measure of whether a standard advanced. However,the current criminal justice system is not very satisfactory to its compliance with the requirements of the people,and can not be the platforms where the people involved in the provision of system,and even hinder people's participation in the normal judicial activities. There are growing contradictions between the criminal justice system and the needs of the community,it indicate that the criminal justice system of China lags behind the criminal justice system settings,and the urgent need to change accordingly with the improvement of the real social justice and provide an institutional guarantee.Improving the level of people's participation in judicial activities,to a certain extent,can increase the transparency of judicial activities,which can ensure real justice in a way.Based on this,this article attempts to address the introduction of justices of the peace system,to enhance people's participation,to further improve the criminal justice system.The system of English justices of the peace derived from the medieval,the formation and development of it on a strong public participation and reflect their social value,as seen in one of the democratic, judicial efficiency and lower the Judicial risks are worthy of our research and reference.At present,legislation on the criminal legal system in China is not the system justice of the peace,an academic of the justices of the peace also less devoted.This article made reference to justices of the peace at home and abroad on the results of research the system,the intention of some of the five justices of the peace system related issues.The objectives of the study is not only to introduce the advantages of the system of justices of the peace,but also justices of the peace system is calling for criminal legislation in China has been established at an early date to promote the process of improving the criminal justice system.In this paper,about 35,000 words,specific language is structured as follows: First part:Introducing the justices of the peace system,this part of this paper is the basis of a successful transfer.First of all through introducing the presentation of the origin and history of the development process about justices of the peace,Come to the conclusion that justices of the peace is a historical context,and define the concept of justice of the peace. Common law countries,the current justices of the peace,from the perspective of the Code of Criminal Procedure,we can deal with simple,known as minor criminal cases judges elected community(mostly non-professional);the previous text and then summarized on the basis of the characteristics of the justices of the peace mainly include:justices of the peace community of management,the majority justices of the peace from the community,the non-specialized magistrates,justices of the peace of "local justice",the administration of justice of the community to share the risk,restorative justice and social development reflect the needs, justices of the peace model of social efficiency,etc.;Finally,it discuss the law and order in Britain and the United States Judge rules for the operation of the system and methods,so that the Justices of the peace system makes more explicit explanation.Mainly on the selection system,the jurisdiction of the proceedings,the defendant relief procedures were discussed in four aspects.Second part:the Enlightenment of the justices of the peace system.First on the magistrates of the social system of people's participation,pointing out that the people involved in social justice of the peace system is one of the major characteristics;Then it discussed the interaction of social justice and on the current public participation in our society the main form of criminal justice,highlighting the activities of the community's material basis for the judicial role.And the main body of the people of society,the broad participation of the people is to protect an important way of justice.Thus concluded that people's participation in the judicial system are of great significance to improve,mainly in:improving the democratic rule of law,conservation of judicial resources,to combat judicial corruption,reduce risks and ensure the jurisdiction of the judicial accurate embodiment of the use of such areas. Conclusion is that the system of law and order judges to give the biggest revelation is this:to solve the social problems of society,when laws are difficult problems to resolve,there are bound to go back to his foundation - the community find the answers.Third part:The need of introducing the system of justices of the peace.In this paper, justices of the peace system is suitable for our people to participate in a form of justice;and then discuss the introduction of China's need for magistrates.Through a variety of popular participation in the current model to explore and analyze the judicial,such as the people's jury system,People's supervisor System and others,Clearly all the drawbacks of various models, mainly include:Under China's jury trial system mode,the lower the quality of individual judges,the system difficult to protect the Reasonable operation of the trial judge so that it lower the prestige of the judiciary as a whole;the current judicial system is unable to justice by improving the level of participation of the people to raise the prestige of the judiciary and so on.Application of these systems led to the mismanagement of the social prestige of the judiciary to reduce social conflicts and of the administration of justice.Justices of the peace system is one of China's judicial reform be a way out,is the coordination of social conflicts and an important way of justice.Forth part:In this paper,the conditions of legal support and the reality on both sides, argues China's introduction of the reality of the feasibility of magistrates.From the introduction of system theory,Magistrates is in line with the progress of democracy in our society,judicial impartiality and independence,social efficiency requirements.In real terms, the ideology of democracy and the rule of law drawing on the spread of magistrates for the system laid the ideological foundation;some of the existing justice system for magistrates from the system laid the foundation;the development of economic and community,drawing on justices of the peace system provides a material foundation.Fifth part:Basing on the previous analysis on the justices of the peace system, concluding the introduction of the specific system of ideas.Mainly on the institutional setting, staff arrangements,the jurisdiction of the judicial process,judicial effectiveness,as well as the power of magistrates to make six specific constraints of building a recommendation.