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Research On The American Jury System

Posted on:2015-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:J J ZhangFull Text:PDF
GTID:2266330428964672Subject:Legal history
Abstract/Summary:PDF Full Text Request
The jury system is an important judicial system of Anglo American law system,has been regarded as an important carrier of democracy, freedom and civilrights. This system originated from where, so far in the field of legal history has great disputes. But abandon meaningless arguments, the jury development context, we were pleasantly surprised to discover, the jury system in the process of development, change has been booming in life, until the jury system to take root in American, its development to reach a new height. As an outstandingrepresentative of the jury system of the Anglo American law system, USA jurysy stem is an important American judicial system, is the most obvious Americajudicial democratization. American former president Jefferson said the jury systemin the maintenance of the role of democracy in public evaluation Americandemocracy, more important than the right to vote. Thus Americans confident of this system. Although originated from Britain, but in the development of several hundred years, USA jury system has been quite different from the British jury system. USA not only from the height of the Constitution stipulates that citizensenjoy the right to a jury trial, and a federal law in the specific operation, alsomade detailed provisions, the American jury system has played a strong role in judicial practice. Both the selection in the case scope, members of the jury, juryselection, and how to play in the role and the role of, or in the development process of the jury for hundreds of years of continuous self reform and self repair, USA jury system to the maximum extent possible to ensure themaintenance and protection of social fairness, justice, judicial democracy andfreedom of citizens the right of equality, because Americans know, justice is thelast line of defense of social justice, once the line is broken, will be incapable of further increase of social and psychological impact on people, social fairness justice people civil rights realization will be water, flowers in the mirror. Any one ofAmerica jury system, system design without its exquisite, reporting system runorderly with lots of praise, but had to admit that, along with the rapid developmentof social economy USA, litigation explosion era, the negative effect USA jury system and negative effects emerged, such as the judicial efficiency jury trial is low, cost is too high, the face of the complicated legal and difficult cases,members of the jury from the perspective of knowledge to deal with. Have to admit, these problems are really solve the problem, but compared with the social,legal and institutional always have its lag, we see the negative effect gradually,the first thought is how to change the law, perfecting the ways to minimize the negative impact this system, rather than on the question. In fact, produce,development and reform process of change in USA jury system, all revealed America judicial pursuit of democracy and justice. From this point on the existence and development of the jury system in USA confirmed. Although there are such disputes, but any system can not reach the acme of perfection, positive value American jury system is far greater than its negative effects, both the program design of external or internal judicial philosophy, judicial value, America jury system with inspiration and reference for the fledgling people jury system in China all.Have to say, our people’s jury system is transplanted to USA jury system, want to pass the jury trial, reflected our democracy, justice and civil rights pursuit and respect. However, any transfer must have the appropriate soil, otherwise theresult is The climate does not suit one. The development history of people’s jurors whether culling, single on the development of the system of people’s jurorsnow view, its symbolic significance far greater than the actual significance, the people’s jury system in Chinese actually distorted. Therefore it is necessary on the basis of USA jury system, from the ideological level, design from the systemlevel, from the concrete operational level, overall reform. Provisions in the"constitution" height there is reason and value of the jury system, the three procedural laws should be adjusted accordingly, give the people’s jury real rights,taking into account the degree of development of the wisdom of the peopleChinese special conditions at present and the thousands of years of legal culture, the implementation of the jury system, it is necessary to half the in our country. In order to reform and perfect the people s jury system.
Keywords/Search Tags:America, The jury system, The people’s jury system, Development
PDF Full Text Request
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