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The Practice Of "Accompany Without Trial" Phenomenon

Posted on:2014-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:Q L HeFull Text:PDF
GTID:2296330434952145Subject:Law
Abstract/Summary:PDF Full Text Request
In our country, the people’s jury system as an important lawsuit system, has been one of the major subject in theory and judicial practice, in May2005, the "decision on improve the system of people’s assessors" formally implemented, more in the form of legislation has established the status of the people’s jury system in the national judicial system. However the jurors "accompany and not judge, judge and not meeting" phenomenon is widespread, make the system have not been able to get a good run. This article will view from system itself to result in the phenomenon of system operation impeded, from the perspectives of empirical appear "accompany without trial" phenomenon in our country of reason, and with a realistic attitude to explore how to reduce the occurrence of the phenomenon, and promote people’s juror system in China to further improve, in order to increment for the research of the practice of the people’s jury system.This article is divided into three parts. The first part of classification of the operation situation of the people’s jury system in our country. Mainly introduces the current our country people’s juror system in court official, the news media, and the author region present running situation of the people’s juror system three aspects. And to detect the "accompany without trial" phenomenon in the operation process of the people’s jury system in our country is, indeed, is widespread. The second part of the system in this paper, the phenomenon of "accompany without trial. By introducing the "accompany without trial" phenomenon and form of expression, analysis the reasons of the phenomenon of "accompany without trial, and enumerated and analyzed the social from all walks of life to solve" accompanywithout trial "phenomenon to take all kinds of countermeasures. The third part, from the perspective of the improve the system of people’s assessors "accompany without trial" phenomenon. From three aspects:system, time, and management system put forward the method to improve people’s juror system, and then effective crack "accompany without trial" phenomenon. This paper, taking "accompany without trial" phenomenon as the research object, on the phenomenon of "accompany without" review form, causes and ways of crack, etc, finally to improve the system of people’s assessors this purpose. Using the survey method and statistical analysis about the present situation of deyang two-stage current court jury do investigation and study, obtaining basic data, data analysis, based on the current operating problems, the jury system FAQ inductive reasoning; Adopt the method of literature research on paper summarizes predecessors’ research results, as the logical starting point in this paper, we study; Adopt the method of logical thinking in literature and survey data processing on the basis of thinking, to explore a method "accompany without trial" phenomenon of crack, the hope can on the basis of predecessors’ work, use their own knowledge accumulation and investigation eventually made the beneficial exploration on improve the system of people’s assessors.
Keywords/Search Tags:accompany without trial, Practice, Jury system, Perfect
PDF Full Text Request
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