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The Empirical Research On The People’s Jury Trial System In A Province Of Central China

Posted on:2014-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z JiangFull Text:PDF
GTID:2256330401489977Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The operation of the People’s Jury System is unsatisfactory,and few theoristshave a wide range of empirical research on people’s jurors expression during theirparticipation in the trial. Though some works and articles describe the wholecircumstance of people’s jurors expression as "Accompanying with no hearing,Hearing with no discussion","Foil member","Jury professional","Posturing", mostauthor’s evaluations were based on their perceptual knowledge, without the support ofobjective and thorough datas or statistics. Thus their results tend to be generalized andbiased, making them less convinced.The empirical way of study is applied in this thsis. Firstly, we explore the start ofJury procedure and the selection of people’s juror. Secondly, pre-trail drawling case isoften taken for granted, and quizzing on the trail and discussion of the collegialbecome a mere formality during the trail. Thirdly, there are two different kinds ofevaluations on the effects of people’s jurors during the trial, namely "no substanceparticipate but need to be reformed," and "no existent necessity and weak effect".Then we analyze the reasons of the differences between expecting purpose and actualresults. Finally, maybe we can put forward some suggestion for reference.In addition to conclusion, this article is divided into four parts.ChapterⅠ is introduction. This part introduces the background, methods, andcontents of this study. It also explains several prior conditions in this study and thebasic circumstance in the sample region.Chapter Ⅱ focuses on the start of Jury Procedure and the selection of people’sjuror. This part is discussing the activity of the one who get the qualifications as apeople’s juror, and then become a member of collegial. The start of Jury Proceduretalk about the decision method that the concrete case applies people’s juror, that is thejudge decide to apply the people’s jury system by the legal situations or theapplication of litigants. As for the selection of people’s juror, this study mainlyinvestigates whether the people’s juror is selected randomly or not.Chapter Ⅲ is about the procedure of the people’s juror during on trail. This parttalks about the people’s juror performance in execution of duty, including three links.Then squential investigates the general situation of pre-trail drawling case, quizzingon the trail and collegiate bench meeting by empirical datas and materials, analyzingthe existent problems, and looking for reasons.Chapter Ⅳ is reveals the effects of the people’s jurors during the trial. This partis talking about two kinds of evaluations on people’s jurors effects during the trial,which are based on synthesizing overall evaluation of the people’s jury system byjudge, people’s jurors, lawyer and legal workers, and official procurators. And thepeople’s jury system in the province of central China becomes formalistic.
Keywords/Search Tags:the people’s juror, Jury Procedure, pre-trail drawling case, quiz on thetrail, collegiate bench meeting
PDF Full Text Request
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