On The Construction Of The People’s Jury In The Process Of Coordinative Trial Model

As an important symbol of national judicial democracy, the people’s jury system has been through last thousand years. In this process, "coordinative trial mode" follows the people’s jury system as the shadow. Not only in its construction but also the operation does this paper try to retrospect the procedural reconstruction of “coordinative trial mode" in the people’s jury system on the basis of examining the existing problems. In addition, this paper tries to apply the philosophy of communicative action, principle of coordination theory and "dialogue-mode" litigation theory from the perspective of procedure and puts forward the program construction of people’s jury "coordinative trial mode" and the construction scheme of supporting procedures in the hope of deep study.In addition to the introduction, the main text is divided into five parts with totally about 23000 words.The first part: The consideration of theory of the people’s jury system based on the “coordinative trial mode”. This part lifts up the motivation of philosophy and collaboration as well as procedural law.The second part: The jury system’s historical analysis on “coordinative trial mode”. This part analyzes the jury system overall in different period which reveals the different characteristics in different period and in the meantime, throws over the historical advanced advice for the “coordinative trial mode”.The third part: The jury systems extraterritorial discussion on “coordinative trial mode”. This part analyzes the extraterritorial jury system, attend system and Aesthetic system contrastively, proposing the reasonable element for the “coordinative trial mode”.The fourth part: The jury system’s practical consideration on the “coordinative trial mode”. This part adopts the Anatomical analysis. First of all, the thesis analyzes the program specification of the existing institution, pointing out the internal coordinative and external coordinative specification defects. List the Fu Ling, Chong Qing District Court for the implementation of the reality of people’s jury system samples for analyze, the thesis puts forward the people’s jury system’s shortcomings in the process of coordinative value in practical operation.The fifth part: The construction program on people’s jury coordinative trial mode. This part emphatically demonstrates the process of people’s jury system’s coordinative trial mode‘s internal elements constructive path. On the basis of the identification and judgment of the analysis of the facts, the thesis fully demonstrates the structure of the procedure guarantee mechanism and interaction of the people’s jury coordinative trial model and emphatically demonstrates bootstrap of the evidence qualification, the independent judgment procedure and the synthesis judgment procedure of the fact. It also concludes the remedy procedure of judgment of differences of the facts as well as the relationship between the four subroutine coordinative linkage mechanisms. The thesis mainly demonstrates the program construction of the guarantee system of external path of the people’s jury coordinative trial mode: respectively discusses the coordinative selection and appointment as well as the management of the people’s assessors which make up the guarantee mechanism of three loops.