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The American Jury System To China's Enlightenment

Posted on:2013-10-31Degree:MasterType:Thesis
Country:ChinaCandidate:X Y WangFull Text:PDF
GTID:2246330371473111Subject:Litigation
Abstract/Summary:PDF Full Text Request
One of the methods for solving jury democracy issues is finding hints from jury systems. Most Chinese authorities and Western authorities, related to Politics, Law, or other scientific fields, are enthusiastic about American Jury System because American Jury System plays an important part in Anglo-American Legal System, especially for Law authorities. Figuring out the appearance, development, and change of American Jury System and understanding two crucial changes—"shift complicated jury to simple jury" and "change unanimous decision into different decisions" help experts to exploit American Modern Jury System and make modern jury systems spiritual. The most important features of American Jury System are from "political democracy" to "juridical democracy" and from "jury justice" to "containment of corruption". In some degrees, selecting jurors randomly based on juror operation system and deciding case on time indicate the rules of "freedom, equality, and justice". Americans are proud of democracy spirit of "election" and "jury system". But American Jury System has some negative effects on jury efficiency, high cost for hearing cases, and suspicious jurors’ abilities. This article displays the negative effects of American Jury System through true numbers. These numbers show strong power of logical analysis and scientific analysis. According to modern jury system,"jury consultant" is appeared in United States which might attract experts’attention. Making a thorough research on American Jury System enables experts to face this key issue on both sides. As another format of jury system, Chinese People Juror System develops step by step through a tough way of development. The core issue of Chinese People Juror System development is the attitudes from <Constitution>. Chinese People Juror System is lack law supplement because of uncertain attitudes of Constitution.There are some unpleased aspects in practical operations. The development of Chinese People Juror System needs to learn from American Jury System or other jury systems to solve these issues existing in Chinese People Juror System. There are three points to improve Chinese People Juror System. First, change our thoughts and theory about Chinese People Juror System and enlighten "people’s jury rights","given jury rights to people", and "jury democracy". Second, change policies of Law. Based on <Constitution>, it is inevitable to produce a juror law which might result in some changes of three main procedure laws. Last but not least, reference to other jury systems and make some practical changes to Chinese People Juror System, such as the formation of jurors, the selection of jurors, the range of jurors, and restriction of jurors.
Keywords/Search Tags:American Jury Syste, TendencyChinese People Juror System, Reform
PDF Full Text Request
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