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Study On The Reform And Improvment Of The Chinese People Jury System

Posted on:2010-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:X M ZhangFull Text:PDF
GTID:2166360278996991Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Accept citizens directly involved in civil justice activities , make citizens play an active role in the judicial activities , is not only in line with the trend of the world of justice, but also able to promote judicial justice .It is considered an important symbol of democracy and justice of country. So, jury system as a important form of citizens taking part in civil justice activities, is appreciated by all countries in the world .In china , implementation of people jury system is an important element in Judicial reform .It is plays an important role in the promotion of judicial democracy,the protection of justice and the establishment of the judicial authority. However, due to be lack of related systems and ideas and early use of utilitarian and strong political purpose and other reasons, the practical application of the people jury system is less than satisfaction. In view of the problems in jury practice, the NPC Standing Committee passed the "The decision on improving the people jury system". (The following referred to as the "Decision") Since then, the people jury system of our country entered into a new stage of development. However, the promulgation of "Decision" is only an expedient measure, the problem of people jury system is not resolved fundamentally. Therefore, we should continue to carry out judicial reform to improve the people jury system.In addition to introduction and conclusion, this paper is divided into four chapters. The first chapter is devoted to introduce the basic principles of our people jury system. First, carded the origin and history of the development of the people jury system , and then summed up the concept of people jury system and features, as well as its concept and function . The second chapter is a comparison of Chinese and foreign jury system. First of all, described the historical development and the characteristics of jury system of two legal countries (the jury system of Common law countries and the Senate trial system of civil law countries ) .Then ,analysis differences between the people jury system and common law countries jury system,the people jury system and civil law countries jury system , in order to provide reference to reform and improve the people jury system . The third chapter mainly analysis the problems of people jury system and the causes of the problems.First, analysis the problems of people jury system in legislative level and practice after the enactment of "decision" rationally, and then the causes of these problems. The final chapter focuses on reform and improvement of the people jury system. I discuss the location and reform direction of people jury system, and then put forward some of the specific methods to reform and improve our people jury system, such as the reform of the people jury selection procedures, improve the people jury system operational safeguards , the establishment of he related litigation system and rules.
Keywords/Search Tags:the people jury system, problems, reform and improvement
PDF Full Text Request
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