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On The Rationality Of American Jury System

Posted on:2015-08-20Degree:MasterType:Thesis
Country:ChinaCandidate:W MiaoFull Text:PDF
GTID:2296330431453459Subject:Law
Abstract/Summary:PDF Full Text Request
The American jury system has attracted people’s attention from it’s first appearance until now,coupled with Japan,Korea and other countries recovering their jury system, which in turn spark research enthusiasm. What’s the charm of the jury system?Why people have different appraisals on it? Although scholars have done a considerable degree of research,it’s not enough. Because the society is developing all the time,the jury system will face new problems.how will we deal with it?All above is worthy of study.This article will elaborate the following five parts.The first chapter summarizes the American jury system. The first part defines the jury system as a system in which a non-professional team constituted by randomly selecting rules the facts. The second part describes the characteristics of the jury system. It includes non-professional,political,particular and other characteristics.The second chapter describes the evolution and historical rationality of the jury system. To begin with the Norman landing,we will comprehend the process of British and American jury system.from this part,we can know that the jury system is developing all the time.For example,the jury system separated into the grand jury and the trial jury, and the nature of the jury’s function changed.The second part describes the historical rationality of the jury system.By analyzing,We can discover legal transportation and culture are all the reasons of the rationality of jury system.The third chapter describes the practical rationality of the jury system.This article elaborates the practical rationality by five parts:the legal education of people,the value of procedural justice, preventing judicial corruption and maintaining the independence of judges. Through this part we can clearly realize the value of the system.The fourth chapter describes the formal rationality and problems of the jury system. The first part introduces Weber’s famous theory:the formal rationality theory.Then by using the theory,we discover the jury system’s biggest problems is that it’s easy to bring illegal factors into trial.The second part analyzes the problems of the jury system. The fifth chapter describes the future trends of the jury system.For this system, we should consider making it better and suiting the development of the society.So the article tries to put forward measures by analyzing it’s selection method and operation procedure.
Keywords/Search Tags:the jury system, historical rationality, practical rationality, formal rationality
PDF Full Text Request
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