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The Research About The Significance Of The People’s Jury System To Administrative Trial’s Independence

Posted on:2015-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhangFull Text:PDF
GTID:2296330431998160Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Judicial organs can not exercise judicial power independently is animportant problem in bound the development of administrativeproceedings in China, seriously affected the judicial organ toadministrative justice, judicial independence. This problem is mainly dueto the judicial organs of China can not be completely independent of theadministrative organs, especially in the personnel and financial matterswill be by the administrative organs of the intervention, in the face ofadministrative cases is difficult to independently make decisions. In thisregard, our country mainly take the jurisdiction and remote upgradedjurisdiction to solve, but these two methods have their defects that can’tbe overcome, improper use of words may even become a way ofadministrative intervention of judicature. The jury is not subject togovernment intervention, but in western countries, the important role ofthe jury system has been playing a constraint authority and the judge,broad public participation in democratic and fair, given the high andjudicial activities, the jury is independent of the judicial system, not bythe personnel and financial intervention of judicial system, also will notbe affected by the administrative organs, can be more fair, independent participation in trial activities. The characteristics of the jury system, juryjust can make up for the lack of independence of the disadvantages ofadministrative litigation, but a perfect application in administrativeproceedings, the people’s jury system of our country also needs furtherimprovement, especially to expand the source of people’s jurors, improvepeople’s jurors trial participation enthusiasm, improve the people jurymembers of the jury, the jury can better to apply to the administrativelitigation.
Keywords/Search Tags:the independence of administrative judicial, judicialinterference in the administrative, the people’s jury system, the jurysystem
PDF Full Text Request
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