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The Reform Of The Jury System

Posted on:2017-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z C ZhaoFull Text:PDF
GTID:2296330488451858Subject:Law
Abstract/Summary:PDF Full Text Request
The people assessors system in our country is formulated in reference to the assessor system of continental legal system, while the assessor system originated from the Anglo-American jury system. Contrasting with the jury system and combining local practice of China’s people assessor system, the limitation of our system can be divided into two kinds from multidimensional perspective:The current people’s assessors lack independence when they are exercising powers; In the trend of increasingly complex cases, the limited capability of people’s assessors for court trials and the special interest demands of the courts make people’s assessors difficult to participate in trials materially, which has limited system value. To perfect our people assessor system, need to clarify the logical rules of system establishment, understand the specific requirements of judicial democracy for the system. On this basis, it is necessary to improve funds guarantee mechanism, bar people’s assessors from serving two consecutive terms and abolish examination system gradually to strengthen their independence. On the other hand, by way of training and reminding of the judge can help people’s assessors to master evidence regulations, amplify their voice at the stage of deliberation of collegial panel, improve the system of expert assessor and the system of judicial identification to handle special complicated cases, and then improve capacity of people’s assessors to participate in trail substantially.
Keywords/Search Tags:People’s assessors, Jury, Independence, Capability for court trials, Judicial democracy
PDF Full Text Request
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