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A Historical Review Of The Jury System

Posted on:2013-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:J J LiFull Text:PDF
GTID:2266330395488051Subject:The civil procedural law
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Jury system is the national judicial organ absorb ordinary citizens to participate in the activities of the trialto a judicial system, and it is a judicial system in China with Chinese characteristics. In China,people’s jurorsystem came from foreign system rather than a native system. The people’s juror system in China Originated inthe Soviet model, but it increase Chinese characteristics in the development process, and gradually formed thejury system with Chinese characteristics. This article, from the angle of history in China to study the jurysystem, as far as possible to provide an overall angle to observe and know our country’s juror system, thusrevealed the jury system in our country’s historical development and some of the basic principles and the basicrule, in order to Put forward perfect and feasible suggestion for the jury system development. The first part isabout ancient history of the jury system in our country, the main narrative in the western zhou dynasty in therites of zhou "three thorn" law and the modern jury system is related to the content of the zhou dynasty appearto demonstrate whether the jury system. The second part of the article is about the general situation of thetransplant of the jury system in the late qing dynasty in our country. I will narrative the three aspects of content;the jury system in the background of the late qing dynasty transplantation; Jury system of transplantationlegislation survey; Because of the jury system in the controversy over transplantation in the late qing dynasty.The transplanting of the jury system due to late qing dynasty when China national power institutions and feudaltraditional culture and western asset class cultural differences, in a highly centralized rule can’t be formed undersimilar to western jury system of dispute resolution mechanism. In the late qing dynasty jury system transplantsto failure. The article about the third part is the period of the republic of China of the jury system preliminaryattempt, because at that time the regime is not stable, in the northern warlord rule, the national governmentissued a series of laws and regulations. But they didn’t get practical and effective implementation, of course,jury system is in there, the period of the republic of the jury system contributed to little effect, but the jurysystem didn’t get further development. The fourth part of the article is the development of the jury systemduring the new-democratic revolution. During the new-democratic revolution period,under the leadership ofthe communist party in China, the Chinese communist party after great revolution period the people’s jurysystem and try to land revolution period, the preliminary founded, and then contributed to development andcame to a high level.and there are further development during the war of liberation, in the exploration andpractice constantly the system in China, the localization, which have set up step by step of characteristics ofChinese people’s jury system, jury system in our country to formal establishment. The article will be the fifthpart is after new China was founded in China since the development of the jury system do a system, anddiscusses the jury system will be at this stage of development is divided into four steps, or1951years to1966years for the jury system in China to establish comprehensive development stage and preliminary;1979to1982 for the jury system in China to recover the stage;1982to1999for the jury system in our country of dilutionstage; Since1999China for the reform of the jury system stage. The people’s jury system during the YuWenGestagnation, after the seventy s recovery, since the recovery to the date when at the end of the ninety s,jurysystem to get attention, but the jury system in judicial practice encountered many difficulties in manydisadvantages and shows, which once sparked circles "jury system abolished or". This time the jury system inour country through ups and downs of the life course, but the legal status of the jury system up, become anintegral part of the legislation. And the implementation of the jury system for the improvement of the judicialsystem in China, and promote the independence of the judicature, judicial democracy to have the importantmeaning. The sixth part is the think to the jury system, above the jury system in our country to the historicdevelopment of general expatiation, standing in the macro, history Angle to our country jury system to evaluatethe development, and points out that the jury system in China’s judicial modernization of the important role,and points out the deficiency and perfect measures, the jury system in our country in the further development ofthe full of expectation.All in all, at present our country is during the key period of social transition, along with the socialtransformation unfolds, the Chinese people as soon as a rule to target and the authority of law of social identity,and core values and behavior pattern recognition, in the period of social transformation in China is facing amajor challenge. In the reform tide, jury system in the maintenance of judicial justice and democracy is theinherent value it recalled. The supreme people’s court has just issued in the people’s court third five-year reformprogram (2009-2013)"clearly put;" to further improve people’s juror system, expand the scope of the selectionof people’s assessors, regulating the people’s judges involved in the activities of the case, the relevantmanagement system, carries out the security measures." This also for future how perfect our country’s people’sjury system indicate the direction.
Keywords/Search Tags:jury system, The origin of the jury system, The transplanitng of the jurysystem, The jury system to try, The establishment of the jury system and perfect
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