Font Size: a A A

Research On The Improvement Of The People’s Jury System

Posted on:2017-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:J WuFull Text:PDF
GTID:2296330488482813Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the 21st century of China, widely referred is the vocabulary of citizen participation. As the most direct way to take participation in the judiciary, so much attention is paid to the people’s juror system by our country and society. People’s juror system is not only the direct manifest of our county’s judicatory democracy, but also the effective way of avoiding judicial corruption.To some extent, it is helpful to promote the social effect of judgement as well as the people’s legal accomplishment. What’s more, it is of grear importance to strengthen judicial authority and to maximize the benefits of party concerned. Especially with the advent of the Internet era, the people’s enthusiasm of taking participate in judiciary has been rised, so how to grasp the opportunities of the information revolution brings to the judicial reform in our country and how to introduce the judicial participation enthusiasm of the masses to judicial trial have been an important research that our society is facing. Therefore, it is urgent to find an appropriate way to conbine the two factors..This paper mainly adopts the comparative research and empirical study method, supplemented by historical analysis and the annotation analysis, in order to interpret the value of the people’s jury system in our country, and draw lessons from the beneficial experience of other countries. Through analysing the dilemma of the people’s jury system in our country, we try to put forward the legislative suggestions to perfect the people’s jury system in our country. This paper can be roughly divided into four parts:The first part of the article in general is the elaboration of the jury system,as the logic starting point, including the concept, the evolution of the jury system as well as the overall value and historical development.From a comparative point of view, the second part investigates the Anglo-American law system and continental law system represented by France and Germany. Then analyses the similarities and differences between the two law system, including the range of application, judges’qualification, right and duty, safeguard measures and so on. Based on these aspects, we can find some usefull point to the people’s jury system of our country.The third part is the elaboration of the people’s jury system in our country based on normative analysis, mainly summarizing the range of application, judges’qualification, right and duty, safeguard measures. After analyzing the situation of the the current people’s juror system in China, we try to reveal the deficiencies and defects, and then analyze the reason.Finally is some physical measure to pertect our country’s jury system. As the problems referred in the third part, the last part is to suit the remedy to the case, at the point of the range of application, judges’ qualification, right and duty, safeguard measures.
Keywords/Search Tags:Jury system, People’s jury system, Court, Judge
PDF Full Text Request
Related items