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Studies On The History And The Development Tendency Of People’s Jury System In Our Country

Posted on:2015-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:N QiuFull Text:PDF
GTID:2296330422472840Subject:Law
Abstract/Summary:PDF Full Text Request
Jury system is an important part of the judicial system, at the beginning of theproduce,it has the natural characteristics of democracy. Also,it is because the jurysystem has inherent in the democratic value, and the democratic value coincides withenlightenment’s ideas of democracyand human rights ideas, jury system become thefavour of jurists, thinkers.After the bourgeois revolution victory, jury system is lookedas the representative and defenders of democracy, freedom, and be applied all over theworld. At the beginning of the people’s jury system of our country, the purpose of thepeople’s jury systemis is judicial democracy and judicial justice. However, with thedevelopment and practice,there has the phenomenon of “accompany without trial", thisis obstacles to the realization of judicial democracy.Academic discussions tend to be more abstract, and there aiways had rarelyspecific perfecting measures were put forward. In the current period of reform in ourcountry,we are asked to implement judicial construction, advocates the judicialdemocracy and expand the scope of the masses to participate in the judicial. But it hasno legal documents in detail to standardize people’s juror system. In our country,tomake an in-depth analysis of the history about the jury system, can make us learning thedevelopment of understanding of the jury system in our country and the basic spirit, andfind the problems of the jury system in our country,and to solve the problems in the end.And then we can make the jury system in our country through the current difficulties. Inorder to find the correct path of jury system in our country, this paper,will make someinterpretations and reasonable suggestions from the following aspects:The first chapter includes the concept, characteristics, legal basis of the jury system,and elaborates the historical evolution.Using historical analysis, the writer make theinvestigation of the historical trajectory of jury system,and hope to understand thedevelopment trend of the jury system and the origin of the jury system in our country.The second chapter mainly describ the legislation survey of the people’s jurysystem during the land revolution period and the preliminary form of people’s jurysystem in ourcountry.That can make us understand and grasp the image andcharacteristics of the people’s jury system at the beginning.The third chapter is mainly through the elaborating of the Anti-Japanese War andthe liberation war period, to make the legislation survey of the people’s jury system in our country and the summary and evaluation.After that,we can understand the existenceof the people’s jury system in our country, and then grasp the further development of thepeople’s jury system.The fourth chapter mainly through to describe the early founding about thelegislation situation of the people’s jury system in our country and illustrates the corebuilding and evaluation. Then wa can learn the change of people’s jury system in theearly days of China, and understand the people’s jury system during this period.The fifth chapter mainly through to expound the survey、core construction andevaluation about the legislation of the people’s jury system from the early founding upto now, and make the summarize in the end. After we analyze the substantial change ofpeople’s jury system and the current people’s jury system, we can find that the survey ishelpful to find thedisadvantages in the current people’s jury system in our country.Sixth chapter is the core part of the article. On the basis of the historical reviewand comment on the current people’s jury system,the article describes the problemsexisting in the current people’s jury system, and makes interpretation and criticismabout the fight for the people’s jury system in academic circles. Besides the article stillput forward some improvement suggestions.
Keywords/Search Tags:jury system, juror, people’s assessor, people’s jury system
PDF Full Text Request
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