Citizen Participation In Judicial Activity Of The Mainland And Taiwan

Citizen participation in the judicial is a system that countries and areas around the world are mainly focused on establishing and perfecting.Citizens taking part in court's judicial work is not only a method of public supervision and restriction,but also a mechanism that citizens can give full play to their initiation which just demonstrates judicial work's inner democracy and justice.Chinese mainland and Taiwan's citizen participation in the judicial have encountered some obstacles in their current development,such as the system in some local courts become mere formalities in exercise,some observers' rights are restricted in Taiwan,people's disputes on constitutional and so on These phenomena exist in reality and are conducive to judicial reform but we can not abandon citizen participation in judicial system because of those disharmonious factors,for a new system from birth to perfect is a bumpy process and other parts of the world all have experienced that before.In that long development process,what we can do is to firmly stick to the system's initial intention and gradually try to find out solutions to all the problems with the guidance of democracy and justice spirit.As long as constitutional foundation stays the same,we can find out ways to make sure the system works effectively and efficiently.This paper can be divided into three chapters not including introduction and conclusion parts.Chapter one is about the historical development of Chinese mainland and Taiwan's citizen participation in judicial system.In order to completely compare the two systems,this chapter elaborates the origin of people's jury and public trial system of Chinese mainland and the gradually forming observation system of Taiwan area.Mainland's citizen participation in the judicial system is discussed in time order,including revolutionary base area period and the early years after the foundation of PRC.While about Taiwan area's part,it is discussed according to laws drafts promulgated order.Chapter two is about Chinese mainland and Taiwan citizens' ways of participation in judicial,including people's jury system,public trial system,court review system,public participation by using new media.What's more,Chinese mainland's formed ways of citizen participation in the judicial can give a lot of references to Taiwan area.Chapter three compares the system of people's jurors of mainland and the observer system of Taiwan.This chapter has two parts.The first part compares advantages,disadvantages and social effects of our country's two different systems' present situation.The last part compares the two citizen participation in judicial systems itself,its relationship with the Constitution and so on.Based on Constitution,through the study of way and system guarantee of citizen participation in judicial activities in Chinese mainland and Taiwan,this paper tries to analyze the origin,development of mainland's citizen participation in judicial,and by comparing with Taiwan area,digging out reasons to similar and different problems,learn from each other,and gradually perfect the system are this paper's mainly focuses.