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Analysis Of Chinese Characteristics, The People's Jury System

Posted on:2012-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:Z WangFull Text:PDF
GTID:2206330335972319Subject:Law
Abstract/Summary:PDF Full Text Request
Jury system is the main form of organization for the civilians to participate in the judicial procedure as well as the important symbol and safeguard of judicial democracy. Our current people's juror system transplants from the jury system. Its main form is a collegial panel which is composed of people's juror and professional judge together to judge. Carrying out people's juror system and letting people to participate in the trial activity is the concrete performance which realizes that people could directly involve in the national affairs management in the judical domain, reflecte the democracy of our socialist system, and also set the supervision and restriction mechanism for the judge activity which makes the judge activity just, fair and open as well as enhances the transparency. Therefore, the people's juror system whose basis is democratic constitutionalism has huge political democratic value and judicial tools value. It is helpful to achieve judicial democracy and safeguard judicial justice. However, as the product of legal transplant, people's juror system has possessed the Chinese characteristic and has certain practical experience,while, generally speaking, people's jury career is still in the development stage, meanwhile, some aspects of people's juror system is in a continuous exploration, its social value has not played out completely. Therefore, deepenning people's juror system reform is imperative. This article elaborates the rationale and the historical evolution of the people's jury system as well as the comparison between Chinese and western jury system, points out the value of jury system in Chinese judicial practices; Secondly, according to assessors'actual circumstance in the writer's courts, the writer elaborates the present situation and the disadvantages of the current people's juror system in China through the perspectives of judicial demonstration and analyzes its causes; Finally, along with the judicial reform context and the version of Bayannnaoer city Linhe district court, puts forward the development direction with Chinese characteristics of the people's jury system.
Keywords/Search Tags:People's assessors, The jury, Reform proposals
PDF Full Text Request
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