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The People’s Jury Selection System In Our Country

Posted on:2014-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:X W LiFull Text:PDF
GTID:2256330401490543Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The people’s jury system is an important part of the judicial system in China, it is thepeople the populace to supervise the judiciary, safeguard judicial public, realize judicialdemocratization, the important measures to prevent the judicial monopoly, force of justice,safeguard the rights and interests protection is of great significance. Its through theabsorption of ordinary people in the society as people’s assessors, collegial panelcomposed of juror and professional judge together participate in the trial of cases, theimplementation "the judge’s professional legal thinking" and "folk wisdom jurors" interactand complement each other, ensure the reasonable method of organic integration, makejudicial rulings to realize the unity of legal effect and social effect.The people’s jury selection system is in accordance with relevant provisions of thelaw of the people’s juror qualifications, strictly according to legal procedures by thespecified selection authority of elected people’s assessors system. Selection systemdirectly determines the people’s juror system subject and follow-up process operation,affecting the effective role in the people’s juror system. Domestic academic circles andthere is no specific works research the people’s jury selection system, related researchachievements of referring to all kinds of the study of the people’s juror system, and one ofthe few academic papers and rare for content based on judicial practice and, therefore, tofurther practice the research, a true reflection of people’s assessors selection status so as toprovide feasible Suggestions for the perfection of the system under the current situation isnecessary.Based on central province seven countries as samples for empirical analysis, areassubject to conduct in-depth research, to survey data from the real record selection statusquote of China’s people’s assessors. The article is divided into five parts. The first part isintroduction, briefly introduced the origin of the problem, research status quote of ourpeople’s juror selection mechanism, sample areas basic situation and research methods;Structure of the second part is the source of people’s assessors, in order to sample surveydata to describe professional source of people’s assessors and the basic structure, such asgender, age, education, etc.; The third part is the people’s jury selection process, will beconducted in combination with the provisions of relevant laws and regulations summaryof people’s juror selection conditions, selection to determine the specific number andselection method, selecting the subject and so on, fully reproduce the whole process of people’s jury selection; The fourth part for people’s assessors selection problems and causeanalysis, selection system and delve into the problems existing in the listed causes of theproblem; Fifth part is the people’s jury selection mechanism reform, through to the westthan (a jury) making a comparative study, combined with China’s national conditions putforward related Suggestions of improving the selection mechanism.
Keywords/Search Tags:The people’s jury system, The selection system, democracy, Procedural justice
PDF Full Text Request
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