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The System That People’s Jurors Participate In Death Penalty Cases For Trial

Posted on:2013-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:J XuFull Text:PDF
GTID:2246330374482550Subject:Law
Abstract/Summary:PDF Full Text Request
The system that People’s jurors Participate in death penalty cases for trial, which is the beacon of justice and the wheels of democracy. This is also an important political system of a democratic state under the rule of law and an important symbol of modern political civilization. Human life is the foundation of all rights, the death penalty is the penalty of deprivation of the lives of criminals, and unrecoverable. therefore, we Must be decide carefully, which is the Inevitable requirement to respect and safeguard human rights, People’s jurors Participate in death penalty cases for trial is the protection of human rights in the embodiment. The system that People’s jurors Participate in death penalty cases for trial, which is the national judicial organs to absorb people’s jurors participate in the trial, together with professional judges to exercise jurisdiction over the judicial system. As an important part of our country’s democratic political life, it plays an important role of expansion of judicial democracy, strengthen the judicial supervision, and achieve justice, it has the very rich social value. People’s jurors Participate in death penalty cases for trial, which is the social value of performance closer to the public for judicial, legal findings of fact are more in line with common sense, the administering justice higher degree of social acceptability. China’s People’s jurors Participate in death penalty cases for trial, which is an important part of the jury system, and which is the opinion of institutionalized expression, it is the best way to achieve justice and public opinion interact. In particular, the trial of death penalty cases, we should adhere to the people’s jurors to participate in death penalty cases, conducive to the establishment of such public opinion and judicial integration of interactive justice, and bring about judicial democracy and fair and equal.Judicial practice, this system still exist many problems, the lack of practical utility. Because people’s jury system is facing a number of practical difficulties, it resulting in the system non-existent and in judicial practice exists in name only, which restricting the full realization of their value the full realization of their value be restricted. Therefore, to reconstruct the system that People’s jurors Participate in death penalty cases for trial has become imperative. However, currently our theoretical research on the system that People’s jurors Participate in death penalty cases for trial is very little, almost a blank. Combine the practice, this system is No monitoring mechanism, the lack of interaction with the public opinion, but also the lack of appropriate oversight mechanisms, which is Serious to affect the degree of democracy and social acceptability of discretion of the Death penalty, and which is not conducive to the present careful to kill and less killing of criminal justice policy being carried out is not conducive to building a harmonious society. In view of this, especially for the jurors of the people involved in the death penalty trial system theoretical argument and practical analysis of the system, put forward a number of reconstruction of people’s jurors to participate in a number of recommendations of the death penalty trial system.In this paper, Author use positivist methods of analysis, historical materialism and positivist research methods. This paper describes with People’s jurors Participate in death penalty cases for trial the current situation in practice, analyze the real problem. Then author demonstrate the legitimacy of people’s jurors participate in the trial of death penalty cases, because it needs to limit, put forwards Personal recommendation. Finally, I put forward relevant measures to address the real problem in practice that about People’s jurors Participate in death penalty cases for trial, to reconstruct this system. In the reconstruction of the system, we should draw on the useful experience of the common law and civil law countries in the practice of death penalty jury and combined with our own reality, to improve People’s jurors Participate in death penalty cases for trial, and establish a system suitable for China to fully protect the realization of democracy and fairness.
Keywords/Search Tags:The system of People’s jurors, Death penalty of trial, Present Situation, Public opinion, Institutional reconstruct
PDF Full Text Request
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