Hollow Position And Reconstruction: Reasoned And Discriminated Upon Nomology Of The People’s Jury System

"Learning from history, theories come from learning history ", to practice thescientific method of "from the ages of the history of legal phenomena or extracted thefact from legal theory". This thesis using scientific methods of historical jurisprudencein the introductory part. First, generally bewrite origin and evolutionancient ofEastern and Western countries from the phenomenological level, to reproduce thehistorical facts and to clarify the historical development context and rules of the jurysystem, for "describes the phenomenon" legal speculative below. And gradually foundreality from what it ought to be, go from idiographic to metaphysical, lay in the factthat the premise for the "reconstruction problem" based on the gradual deepening ofthe theoretical speculation. Then, on the basis of analysis and research on historicalfacts, this thesis will use the theme of the “Hollow position and Reconstruction” inour contemporary jury system to expand the construction on the principle of legalreasoning and the jury system reform gradually. Analyze and construct basic theorybehind the people’ jury system. The purpose is to provide a theoretical basis andconceptual guidance from the sight of theoretical jurisprudence to help “People jurorssystem” transition to “People jury system” in China. Ultimately achieve the researchpurposes of “Extracting theory from the historical facts”.The title of first chapter is “hollow position and reconstruction of our jurysystem”. The title of first chapter is “hollow position and reconstruction of our jurysystem”. The first chapter uses empirical analysis of social, objective andcomprehensive described the current situation of the jury system which had beenhollow posited, followed by a comparative analysis using the method of analysis ofthe hollow position of the main reasons the people juror system. Subsequently, thisthesis on China’s legislative and judicial branches to solve the people ’s juror system "Hollow position " legal text questions the people doing the reconstruction of the jurysystem, the reform of the practice has been described, in-depth analysis of the HenanPeople’s jury trial system characteristics and essence. Finally, the effectiveness of thepilot were the people of the jury system macro and micro level of correlation analysis,access to the "pilot jury system works well," the empirical results.The second chapter mainly on our jurisprudence on Henan pilot " People’s Jury "Controversy legal system were speculative. First, an objective point of view and arguments were introduced and arguments in favor of the opposing party and theproves, and then using the method for determining the value of both positive andnegative views were speculative jurisprudence, in order to obtain the necessarycommon standard of value and value evaluation criteria-just as judicial democracyand deliberative democracy necessary part of China’s socialist democracy is the scaleof the replacement value of the jury system.In Chapter III, this thesis use Jean Bodin’s theory of The people’s sovereigntytheory, the German philosopher Habermas’s The theory of rational negotiation, thetheory of similar people tried to negotiate justice theory, from a philosophical point ofview, from the theory of law the angle of the rationality and legitimacy of the jurysystem exists to provide a theoretical basis. Habermas’s theory of communicativerationality eyes of the value in a pluralistic society, choose ways to build consensusthrough rational negotiation mechanism exchanges called "communicativerationality." Communication is important and discuss ways and means to achievepolitical equality between the main political understanding and compromise. Thisapproach is different from the competition existing in human society way ofcommunication, is a social contract to achieve and maintain social harmony andstability program, standardized way. The same man tried to negotiate justice and soprovide a theoretical basis for this communication and talk to our people to build amore solid theoretical jury provided support.Finally, the author believes that the jury system is to complete the reconstructionof the system design, we should give full attention "Henan pilot" valuable experienceand a lesson on the basis of sperm to false, learn the essence of the jury system ofcommon law on improve and refine our jury system, leading to the effectiveparticipation of the people the sense of justice work, help and promote the realizationof justice, and the rational allocation of judicial power, eliminate bureaucracy and theadministration of justice drawbacks and improve the credibility of justice arisingactive role.