Administrative Proceedings In The People's Jury System Development Research

Value system of administrative litigation in the intrinsic value of the jury, the jury system to shift to the executive is to promote the development of the legal system of administrative litigation the key to its legal basis is the theory of democracy and constitutional separation of powers theory. The establishment of the executive jury, on the one hand can effectively supervise the executive branch, on the other hand it is in itself represents a considerable public opinion, the judge can make an overall grasp of administrative cases. This paper attempts to administrative proceedings the jury system to explore the future, put forward a sound proposal of administrative litigation system. The trials, hoping to return to make some contribution to democracy and independence. This article is from the following sections to elaborate:The first part of the jury system through the origin, the history of the jury system, the administrative proceedings to establish the people's jury system, an overview of these three areas, and thus indicate the jury system of administrative litigation's history. The second part is mainly that of existing administrative proceedings to obtain the people's jury system, the effectiveness of existing legal shortcomings and practical problems, to explain China's current administrative litigation in the development of the people's jury system status.The third part through the three tasks of China's trial of the inherent requirements of the socialist democratic system, public participation requirements in judicial activism and social development needs of these aspects of the analysis to show that the existing administrative proceedings to promote the people's jury system needs to develop intrinsic motivation.The fourth part of the main analysis of the three possible development path, the path through the development of the analysis of these three, come to one more suited to the characteristics of China's current development path of administrative litigation. Part V compares the jury system and jury system of differences and similarities, strengths, weaknesses, and then the jury system in the development of administrative proceedings in the appropriate foundation.Part VI of the major need for the establishment of the jury system, feasibility analysis, and the jury system to build the administrative resolution of legal theory, that government action to develop the theoretical basis for the jury system exists.Part VII of the main administrative building of the jury system, make recommendations on administrative litigation planning blueprint for the development of the jury system.