Font Size: a A A

The Jury System Is A Comparative Study

Posted on:2004-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:C Y SiFull Text:PDF
GTID:2206360092485577Subject:Legal theory
Abstract/Summary:PDF Full Text Request
As an old judicial system, non-professional judge system has been named as "the twin of adversary system" and has got a predominated position in the whole judiciary. But in China, this system has not got enough emphasis. Now, when we are reforming our judiciary and introducing the adversary system, the status of non-professional judge system in the judiciary can not be ignored. On the perspective of Jurisprudence and Comparative Law, the thesis is going to compare and analyze the value goal and the typical operational mode of this system in the world so as to provide some rational advice for our judicial reform.The thesis is composed of five parts. In the first part , several relative concepts will be defined while jury system, assessor system and assessor system of the people should be discriminated between each other conceptualy. In the second part, the thesis will trace back to the history of non-professional judge system . In the third part, it will analyze the value goal of this system on the basis of judicial justice, judicial democracy and judicial education. In the fourth part, the thesis will compare the operational mode of non-professional judge system in the modern world and assesses the discrepancy between its value goal and actual function. In the final part, the value orientation and some legislative advice of reforming China's assessor system of the people will be argued. The writer thinks its main value should be Oriented in dividing the judicial power, upon which some legislative advice for improving China's assessor system of the people will be given .
Keywords/Search Tags:non-professional judge system, jury system, assessor system, assessor system of the people.
PDF Full Text Request
Related items