Font Size: a A A

Perfect Harmonious Society In China Under The People's Jury System

Posted on:2011-12-08Degree:MasterType:Thesis
Country:ChinaCandidate:L ChenFull Text:PDF
GTID:2206360308480319Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The People's Assessors system is an important justice system, it's an important means of people to do the master, the exercise of state power and reflect the judicial democracy. In this thesis, it studies this system and pointes out its shortcomings and deficiencies, history and development and then proposes the author's recommendations on improving the system. The thesis comprises four parts.Introduction expounds the research value and significance. The article pointes out that the Rule of law is indispensable to harmonious society. As a justice system and political system, the People's Assessors system plays a vital role in harmonious society. Foreign scholars have made a lot of in-depth studies in the Jury, while the researches of Chinese scholars are peripheral because that they pay more attention to introduction and comparison, lack of in-depth and systematic investigation and empirical analysis. Therefore, it's worthy of studying, in particular, putting them in a large background of harmonious society to study their adaptability and deficiencies, hope to put forward recommendations to reform and improve.Chapter one gives a general introduction to the People's Assessors system, including its values and history. It expounds the origin, establishment and development, suspension and recovery, as well as the rapid development stage of the People's Assessors system. This part shows that the system is benefit to judicial fairness, judicial honest and judicial democracy, judicial efficiency, and judicial authority by the historical study.Chapter two discusses the relationship between the People's Assessors system and harmonious society. First, it shows the new requirements to the People's Assessors system in harmonious society. According to the article, in harmonious society, the state's overall requirements of the courts is to uphold the Chinese Communist Party's leadership, serve the overall situation, serve the people, judicial openness, structural reform, maximize harmonious factors and reduce disharmonious factors, and the court must give full play to the role of the People's Assessors system to achieve the above requirements, Second, it discusses the concept of fit the system and harmonious society. From some parts just as the jury selection, it expounds that the People's Assessors system embodies the concept of a harmonious society, the People's Assessors system contributes to "harmonious trial" and building a harmonious society. Finally, it shows the problems and inadequacies through analysis the basic operation of the inspection of the People's Assessors system.Chapters three studies the jury systems of two legal system, and analysis the referential significance to China's reform and improve the People's Assessors system. According to the article, while the jury system of common law system and the civil law system are different from China's People's Assessors system, but in essence, they are unanimous in democracy, constraint and protect our freedoms, the experience and lessons of other countries'system reform and changes brought great reference value to our country.Chapter four proposes the author's recommendations on improving the system in harmonious society. The article points that the requirements of a harmonious society to the People's Assessors system embodied " expanding the orderly political participation," " promoting social reform and innovation" and " formatting a scientific and effective coordination mechanism, the expression aspirations mechanism, contradictions mediation mechanism and rights and interests safeguard mechanism "and so on, therefore, we should start from these parts in discussing the reform and improvement of the People's Assessors system.
Keywords/Search Tags:jury system, People's Assessors system, harmonious society, reform and improvement
PDF Full Text Request
Related items