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The Study On The People’s Jury Selection Mechanism Reform

Posted on:2017-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:H X ZhuFull Text:PDF
GTID:2296330509959300Subject:Procedural Law
Abstract/Summary:
People Jury System is the process that people as jurors take part in cases, as a kind of people’s participation in the judiciary system and an important form of judicial supervision, which reflects the judicial democracy and justice. Jury system is originated in Athens, developed in Europe in the middle ages. Literally, modern jury system began in the United Kingdom and France, fully developed in Germany and in the United States. This system has two different types: the assessor one and the jury one. The People Jury System is introduced in Qing Dynasty, not formed according to one single mode mentioned above, but perfected in accordance with the domestic development of politics, economy and culture, and also in reference of the advanced experience of foreign countries. People’s jury selection mechanism is the basic element of the operation of the People Jury System, and the provisions concerning its qualification, condition, institution and procedure have impact on the democratic, scientific and advanced nature of this system. Although there is some theoretical and practical research concerning the people’s jury selection mechanism, and certain achievements about the perfection of this system, its time lag nature causes the deficiencies and shortcomings in practice. Therefore, it is necessary to improve the system based on the analysis of the existing selection mechanism and the combination with judicial practice. Based on the elaboration of provisions concerning the people’s assessor selection mechanism, this paper will point out the problems in practice, and give related suggestions by referring to the western jury selection mechanism and the circumstances of the era and law enforcement of ourown country.
Keywords/Search Tags:People’s assessor, People’s Jury Selection Mechanism, Jury Assessor System, Jury System, Peremptory challenge
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