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The Research On The People’s Jury System

Posted on:2014-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:L ShiFull Text:PDF
GTID:2246330395994908Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Since the beginning of the twentieth century,in order to adapt to the needs of thedevelopment of modern society,countries improved their jury system. Since the lateseventies, China restoed the People’s Jury System,the conditions of the People’s JurySystem in our country is not very well. The ideals of justice democracy and thebalance of powers which it contains doesn’t reflects the future. The general publicindifferent to it,even numbnessly. The People’s Jury System encountered a largedilemma and exposing many drawbacks. Our country’s judicial work is now facinggreat challenges. Lake of judicial authority, lake of judgment credibility and so on.These problems are very serious. Which kind of system is more suitable for Chineselegal construction in the new period? In this instance, Court of Henan province andShanxi province promote the People’s Jury System This system is different from thejuror system before. It is different from both American and British jury system and itis the jury system with Chinese characteristics. It adheres to the basic spirit of thePeople’s Juror System, and extensively taking example by the reasonable contents ofAmerican and British jury system, and it is a new jury model accord with the actualrequirements of China. It puts the judicial process further open to the public, it makesordinary people involve into the judicial process. The legitimacy of the jurisdiction tothe people’s sovereignty principle is promoting the public participation in China’sjudicial practice orderly. People’s jury system has become the beneficial trial ofjudicial reform in our country, as a new mode of jury system in China, it provides arich and good material.At present, we advocate "make citizen can be orderly participation in themanagement of public affairs" and " The anti-corruption by system", the People’s JurySystem is precisely conformed to this kind of spirit, Chinese judicial reform shouldfollow the foundations of Chinese society, and it should also follow the trend ofjudicial reform in the world. To see from the current reform of jury system in ourcountry, it cannot bear enormous power within the framework of the structureadjustment and is is unlikely to make significant adjustment, so the reform of the justice system should be slow. Promoting the people’s jury system may be able tosolve the problems that we are facing to when we promote the judicial system reforms.Based on the discussing of the people’s jury system of Henan province, we try toanalysis how people’s jury system operate and we try to evaluate the value of people’sjury system. From two aspects, which is the theory and practice,we try to discusswhat can people’s jury system do to promote the judicial democracy, judicialopenness and the judicial popularization in China.
Keywords/Search Tags:People’s Jury System, Jury Trial, Judicial democracy, Judicial reform
PDF Full Text Request
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