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Research On China's People's Juror System To Be Refined

Posted on:2017-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:X GaoFull Text:PDF
GTID:2336330512968163Subject:Law
Abstract/Summary:PDF Full Text Request
Jury system has milestone significance for the history of the development of the trial,it represents the general public participation in the administration of justice,the jury system gives citizens referee decentralization of the original exclusive jurisdiction by the judiciary,which not only greatly promoted democracy development,but also to promote a sound judgment of civilization,and better safeguard social fairness and justice,to effectively prevent the occurrence of corruption in the judiciary.Jury system is divided into two categories:common law jury system,the second is the civil law assessor system.The first part of this paper,the evolution from the history of the jury system,from the origins of the jury system,four renaissance flourished jury system,the decline of the jury system,the jury system introduces the development process of the jury system,and of the jury system and the type of elaborate its value,the theoretical basis for the study below.The second part of this paper,the jury system in our people's jurors judge the power,first to our unique overview of the jury system,then the relevant legal provisions on the jury system in our country referee powers specific analysis and finally,on the basis of analysis of the pros and cons of the implementation of the provisions of the existing powers of the referee,mainly on the implementation of the existing benefits of the jury system,and analyzed for the presence of the jury system of our current problems.The third part of this article,the first of common law and civil law systems juror jury referee powers were introduced,introduced the jury referee powers Britain,the United States,Then cited one cases:Simpson murder case,on the basis of these cases,the power of our jurors referee and Western powers were jurors referee comparison and analysis,summed up the following differences:the division of functions and judge different;different action status;the case of different control and influence;a different scope.And on this basis,further analysis of the people's jury system insist on intrinsic motivation.Finally,from the following aspects put forward new ideas to improve our people's jury system power Referee:improve the system of people's assessors of the legislation;expand people's jurors mandates power;the improvement of the people's jury system in criminal;the establishment of the use and management of the people's assessors and the improvement of the people's jury system in criminal retrial procedure.
Keywords/Search Tags:People Jury System, Existence value, Western jury system, perfect
PDF Full Text Request
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