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"Public Participation" Of Justice Research In China

Posted on:2014-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:W S ChenFull Text:PDF
GTID:2246330395998667Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Public participation in the judicial process means the ordinary people tend to democratic reform in the judicial system. The ordinary people are in the name of law relevant personnel to participate in the trial of legal cases, as well as relevant regulation for the judicial process to make judicial cases be relatively fair. The essential feature of public participation in social justice activities is to affect the judicial activity directly or indirectly. Public participation in judicial activities is also in order to better safeguard the judicial democracy and judicial justice.Chinese judicial "public participation" has its own background of social reality. Lack of judicial authority, inadequate resources judicial materiality and lost direction of China’s judicial development is the main reason. In this context,"public participation" of justice refers to persons outside the court system participate in judicial decisions. It is different from civil auditing system; court observers are not involved in the judicial process. Through public participation in the judicial process in real terms, Chinese judicial "public participation", on the one hand, is to compensate for the lack of judicial authority and increase the democratic legitimacy of the judiciary. On the other hand,"public participation" is to make up for the lack of professional judges by absorbing public to participate in decisions and enrich the judicial power. Lost in the direction of the judicial development in China is also the reason that "public participation" contrary to the judicial idea mechanism. Above problems of China’s judiciary shall be under the condition of conform to the basic legal concept to solve the problem.
Keywords/Search Tags:Judicial, Public Participation, Jury System, Public Trial, PublicOpinion
PDF Full Text Request
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