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Research On China’s People’s Jury System To Be Refined

Posted on:2017-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:C C FengFull Text:PDF
GTID:2336330512468323Subject:Law
Abstract/Summary:PDF Full Text Request
The people assessors system is an important part of the Chinese justice system.Research on China’s People’s Jury System contributes to the justice system and the nation’s law construction.The people assessors system which is followed by the court as the basic system.It would have the value,such as an evidence of judiciary democracy,the judicial oversight,the judicial justice,and the improvement of judging efficiency of the people’s court,contributes to the justice system and the nation’s law construction as well,if the people assessors system is healthy.The problems such as in the law,in the electoral system,in the management system,in the trial system,in the security system,and in the evaluation system,this article will suggest relevant measures in legislates and in the judicial practice.It should entrench it’s position in our constitution,pass laws about jury which is special and complete.To avoid impacted the judicial independence by the court,the responsible subject of liability for the hiring is the People’s Congress.It should be to increase the percentage of the broad masses appropriately.For the general jury,focus on the democratic,but focus on the professionalism for the professional jury.Determine time for the jury is as same as the judge,to insure intermediation function before the start of the first hearing,to insure reading the files before the court.We should take measures to strengthen work in management,to improve work efficiency,the courtyard randomly selected from the jury,while the political office is in charge of personnel.In order to avoid the jury in the same court erery time,to prevent the number of court cases which are big gap between different jurors,to oversee the work of jury through allowe the party join in.The jury participates in a trial includes the specialized case to correct the judge’d imperfections.It should extend the scope of the cases appropriately,such as the trial in the retrial procedure according to the first trial procedure,the new facts emerge in the procedures of second instance,and the juror participate the collegial panel to try cases in the criminal summary procedure.The parties have the power which application for jury are equal,crime of private prosecution whose plaintiffs should have the right to apply for the juror in the criminal case.The jury ascertaining the facts mainly and dealing with legal matters,not to copy the jury system in the western countries to separate the law and the fact entirely.To improve the jury’s motivation about giving opinions,to supervise situation of the review through video surveillance and the record.It is to cover the subsidies to the jury according to the journey instead of the fixed standard,to give additional grants to the jury according to the examination,to explore the insurance,housing provident fund to increase the enthusiasm of the jury.The standing committees responsible for the work of management effort,in the meantime,estimate of the jury from the court and the Justice Bureau which as reference for assessment work,and the evaluation result for juror which as evaluation basis for awards,a second term,and promotion at the original organs.It is to ensure the jury system carries out well rely on such measures,to utilize its social function and the legal value eventually.
Keywords/Search Tags:rights and obligations, judicial value, existing problems, suggestions for improvement
PDF Full Text Request
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