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Survey Of The Present Operation Situation Of Chinese People’s Jury System

Posted on:2014-07-14Degree:MasterType:Thesis
Country:ChinaCandidate:D Y ChenFull Text:PDF
GTID:2256330401990286Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
China’s state system and government form determine the jurisdiction comes frompeople, belongs to people, and serves people. The system of people’s jury constitutesone most important and direct form for people to manage state affairs in accordancewith law in judicial field. Through the system of people jury, we can mobilize andorganize people to participate in case trial as juror; make them an assistant, witnessand administrator in jurisdiction enforcement and fully display jurisdiction as a formof democracy. By doing so, people can express their feeling, express their opinion andtap their wisdom. Therefore, as a channel via which people are entitled to jurisdictionin accordance with law, the system of people jury guarantees that the jurisdictionsystem embodies public opinion. It is an important system arrangement for thepopularization of jurisdiction.Taking a grass-root court in a provincial capital as case study, this thesis makes acomprehensive empirical investigation of people’s jury system, including selectionmechanism, parameter trial mechanism, governance mechanism and social evaluation.In Chapter Two, it makes an assessment of selection standards from the perspectiveof politics and jurisdiction and analysis of factors related to the trend of elite inselection. In addition, it addresses the rationality of the people’s jury system. InChapter Three, parameter trial mechanism, it gives an investigation of subjects’expectation of jury procedure and its reasons, with a focus on investigating theirparticipation in and impact on the trial session and collegial aspects. In Chapter Four,the management mechanism, it focuses on investigating the relationship between thetraining mechanism of people’s jury and their ability to perform functions and makesan analysis of each subject’s expectation of the expert-oriented people jury. Besides,the relationship between assessment mechanism and evaluation mechanism ofpeople’s jury and the issue whether the people’s jury misjudged-case-investigationmechanism should be launched on the part of people jury also constitute an importantpart of management mechanisms. In Chapter Five, social evaluation, it mainlyconducts an investigation of people’s opinion about the jury system and theirwillingness to act as a juror. As for the latter, it gives an analysis of the relationshipbetween their willing and their cognition and their trust in the justice of court’trial. InChapter Six, it makes an investigation of subjects’ willingness to the future orientationof the system of people jury. It is composed of the necessity of the existence of people’s jury system, the reason of existence or abolishment and the direction ofreform of the system.Through a comprehensive and three-dimensional study, taking into account theproblems facing people’ jury system as practical as possible, and understanding therole of people jurors in the current judicial practice in China, the thesis makes thissystem better meet the needs of China’s judicial reform. Considering haste reformmay bring negative impacts on people’s jury system, and undermine its potentialfunctional value as well as its interdependency on other social factors, we draw aconclusion that the improvement of existing people’s jury system should be based onrigorous argument and empirical investigation.
Keywords/Search Tags:Chinese people’s jury system, selection mechanism, assessormechanism, management mechanism and social evaluation
PDF Full Text Request
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