Study On The Trial System

The trial system, which can not compare with the jury system whether on popularityor on influence, has come to be known by the general public as a new type of trial whichinvolves the public. And the people assessor system of the People’s Republic of China canalso be categorized within the jury system as far as its nature is concerned although the“birthmark” of ideology attached to the system from its cradle tends to obscure its judicialfunction which is inherent in the system itself.The thesis develops several aspects asfollows:With respect to methodology, this paper mainly adopts historical and comparativeapproaches. The historical approach applies mostly to the evolution of the trial system, theevolution of jury system, and the evolution of the people assessor system. For instance, bytaking a review of how the trial system grew out of nothing, we will not only gain someknowledge of this system and tell people what the trial system is actually is, but we canalso get to know how the system evolves in its different stages. The comparative approachapplies on the other hand mostly to the comparison between the trial system and the jurysystem as well as the comparison between the trial system and on the people assessorsystem and so forth. Through such comparison, we can trace the differences andsimilarities of two bodies, and chase down the essential differences and similarities inorder to appropriately classify them, the process of which is certainly a process ofcognition.With respect to the logic of the composition, the thesis goes over in its first chapterwhat is the trail system and make a introduction in details,then explore the relationshipsamong the trial system, the jury system and the people assessor system with the aim ofstraightening out the relationships,and at last,use typed study method on the trail system.Inthe second chapter I make a introduction among the evolution of the trial system in Franceand Germany, and expounds the procedure of this system on how it functions,and in thischapter the democratic traditions of justice will be the emphasis. In the third chapter the author takes up the task of analyzing the operation processes of the trail system. In thefourth chapter the author shifts his focus to the country for which it took quite a long timeto come to the track of the rule of law, in order to discuss whether the people assessorsystem is a type of trial system through a comparative approach.With respect to the content, the thesis reviews the trial system from its germination,its development to its establishment, on the basis of which it lays bare the functioningprocedure of the trial system. The paper then defines the concept of the trial system andexplores the relationship between the trial system and the jury system together with thatbetween the trial system and the people assessor system. In the end of the thesis the authorprobes into the nature of the people assessor system, and expresses his own ideas on therelationship between the people assessor system and the trial system.