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Research On The Allocation Of People’s Juror Functions And Powers

Posted on:2017-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:X M RuanFull Text:PDF
GTID:2296330488982808Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Along with the judicial reform, the third plenary session of the 18 approval decision clearly put forward orderly broadening people’s participation in the judicial channels. The reform of the people’s jury system is imperative. The allocation of People’s jurors functions and powers means what authority should be given to jurors and, how to determine division of labor between the juror and professional judge, which way to participate in the judicial activities, how to maximize role of people’s assessors in the process of judicial work, which are the problem need to be further perfect.The fourth plenary session of the party’s 18 decision put forward exploring ways to make assessors no longer take part in law problems step by step, only to participate in the trial of fact. Which means the scope of assessors’functions and powers will gradually restricted in terms of the fact. Under accurate position of scope of their functions and powers, Jurors’functions and powers exercise successfully, People’s assessors really has the voice and decisional rights in the process of judicial, which to make the judicial democracy function of people’s jury system really play a role.All of that need a series of procedural safeguards. In this paper, through analysis of the principle of the related theory and inspect practice of outside of our investigation, put forward prefect proposals about allocation of People’s jurors functions and powers in China.This paper is divided into four parts:The first part, mainly introducing the basic principles of allocation of People’s jurors functions and powers.including three aspects, first is introducing classification of allocation of People’s jurors functions and powers, secondly exploring the legal basis of allocation of People’s jurors functions and powers, finally analyzing the meaning about giving the jurors authority.The second part, through the position of jurors powers and status of procedure guarantee to jurors powers, the paper Introduces regulations of two important legal systems of relevant state on jury power allocation, and compare the similarities and differences about juror authority configuration of four countries, has the reference significance conclusion.The third part, by analyzing the legal basis for the jury system in our country and detailed introducing jury without hearing in our country, reveal the current problems in the power allocation and Procedure guarantee.The fourth part, according to the problem proposed in the third part, draw lessons from foreign successful experience, put forward the perfect proposal of Jurors authority allocation and procedure guarantee of the exercise of jury authority in China.
Keywords/Search Tags:Jurors authority, Jury system, Allocation of People’s juror functions and powers, Authority position, Procedure mechanism
PDF Full Text Request
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