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Our Country's Jury System

Posted on:2011-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:C Y GuoFull Text:PDF
GTID:2166360305451069Subject:Law
Abstract/Summary:PDF Full Text Request
On the jury system, in particular the jury system in our country to study and explore the French academia less involved, even if research, but also multi-form of a thesis is focused on the introduction of foreign jury system, as well as standing outside the building blocks of the jury system up to talk about my Jury improvement of system and performance. China's current system of people's jurors numerous difficulties in the judicial practice and the Supreme Court attached great importance to its cause I was once a deep confusion. Why are countries not directly abolish the system but further improved the value of the jury system, where China's current jury system is how to form, and its shortcomings can be resolved do, how to solve? Upon review of relevant literature and field visits to the exchange, the author of the origins of our jury system, historical development and current status of the jury system, the formation and studied.The main body of this article reads as follows:Jury system generated in the United Kingdom is a modern Western concept of democracy and the rule of law in the judicial activity of the most concentrated and most important manifestations. It is with the spread of British colonial expansion in all regions of the world, and gradually develop into two basic models-the jury trial system and the reference system, after the jury system, attracted criticism for the former Soviet Union learn from the development of the people's jury system (a system Building on a similar argument the trial system). Late Qing China's jury system has been transplanted, but in the end is not implemented, the Republican Government put forward a vision of the jury system and the establishment of programs, but also not really implemented. China's current draw on the people's jury system mainly the former Soviet model, the system began in the new democratic period of the revolutionary base areas, establishment of new China and in China's establishment was severely damaged during the Cultural Revolution. The late seventies, China has begun rehabilitation and reconstruction of the jury system, but since the late seventies to the nineties, China's jury system in the judicial practice in nominal weakening, to get tougher, "accompany without trial" phenomenon seriously. The late nineties, the Supreme Court began trying to implement the people's jury system reform, August 28,2004, regular session of the Tenth National People's Congress, "on improving the people's jury system, the decision of a number of issues," adopted on May 1 next year began to implement. "Decision" is China's history a special law on the jury system has important historical value. However, while the courts throughout the country as a "decision" the smooth implementation of done a lot of work, but the jury system in the judicial practice, the difficulties have been experienced by the still not been fundamentally changed and the reference is not only the trial system itself has limitations related to is also the ruling party's political governance and our ideas and to promote the people's jury system reform on the political motivation. At this stage, people's jury system's performance in the judicial practice is not ideal, but it is for the ablation of the community's suspicion and hostility of the administration of justice, for improving the credibility of the judiciary, for the promotion of building a harmonious society has a positive influence and role, which is why the jury the system should be further improved. But how to improve the jury system, we should not only be based on the context of the West legislation, but also it should be placed on the reform of China's social transformation and justice in the special historical background, to examine "the life of the law is not logic, but rather experience" China's Jury System establishment and improvement of the road should be looking for the real social practice, and ultimately depends on the choice of countries.
Keywords/Search Tags:Jury System, People jurors, People's jury system
PDF Full Text Request
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