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Reconstruction Of The Jury System In China

Posted on:2011-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:H G LiFull Text:PDF
GTID:2166360308458797Subject:Litigation
Abstract/Summary:PDF Full Text Request
Jury trial system is the product of legal civilization of mankind, originated in the Western civilization's birthplace the largest ancient Greek city-state Athens. Modern jury trial system originated from the United Kingdom. Jury system is a system that ordinary citizens to participate in jury justice; it is significant to the promotion of democracy and justice, preventing the arbitrary administration of justice and protection of civil rights.Our current jury trial system is often-criticized because of the lack of effective implementation. The jury trial system is abolition or keeping, reform or reconstruction, keeping the current approach or following Anglo-American, the community consensus of opinions. Based on the value of the jury trial system and the systematic comparison of jury trial system and assessor system, I hope to make the right interpretation for the development of China's jury trial system.Full-text is about 35000 words and is divided into six parts. Mainly contain: Introduction, origin and value of the jury trial system, comparison of jury trial system and assessor system, the status of jury trial system in China, reconstruction and conclusion of China jury trial system.The first section is introduction, second section is an overview of the jury trial system, main explain some concepts of the jury trial system, describes the origin and value of the jury trial system, this part is the review of the formation and development of jury trial system and the affirmative of the jury trial system in the role human rule of law civilization. This part introduces the origin of the jury trial system in ancient Greece and modern jury trial system is generation in the UK and evolution in France. This article mainly focuses from the jury trial system of democracy, justice and balance of powers and the credibility of the role of the judiciary to prove the value of the jury trial system.The third section is the comparison of jury trial system and assessor system. From the scope of the jury trial system, the selection process, the collegiate division and the division, ruling of judges and jurors to compare. Identify the similarities and differences between them; prepare the ground for the reconstruction direction of our jury trial system.Fourth and fifth sections are mainly about the status and reconstruction of our jury trial system. The section first reveals the disadvantages existence of our jury trial system, then compared the advantages and disadvantages of the jury trial system and the assessor system, has a thorough discussion of the system reconstruction model of jury selection. In measuring the value of the jury trial system and analyzing the condition of our country, pointing out the need and feasibility for reconstruction of the jury trial system. The article participate in a comprehensive measurement on the jury trial system and assessor system, compare the advantages and disadvantages of both and determine the reconstruction model of our jury system, that model is Britain and other countries jury system as the main, both to some of the excellent the assessor system has. The last part of the article, the author has a comprehensive analysis on jury trial system and assessor system, proposes specific reconstruction ideas of our jury system.The sixth section summarizes the full text. It points out that the reconstruction of our jury system can not stick to the jury trial system and assessor system, measuring the advantages and disadvantages of both correctly and reconstructing the jury system in line with China.
Keywords/Search Tags:Jury Trial System, Assessor system, Comparison, Reconstruction
PDF Full Text Request
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