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On The Improvement Of The System Of People's Assessors In China

Posted on:2018-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:P J LiFull Text:PDF
GTID:2336330536459258Subject:Legal theory
Abstract/Summary:PDF Full Text Request
People's jury system is a kind of judicial system,which is absorbed by the state judicial organs to absorb the non professional judges as jurors,together with professional judges.The people's jury system is not only an important judicial system,but also an important form of democratic politics.The jury in the trial work of the court,is the people's court trial work adhere to the important manifestation of the democratization of justice,is an important measure to safeguard judicial justice,is the inevitable requirement of the socialist country under the rule of law judicial democratization.During the period of political reform in the late Qing Dynasty,Jiaben Shen and Tingfang Wu jointly drafted the first to introduce the Western jury system into China.Although the "draft" ultimately failed because of the feudal forces of the opposition did not formally implemented,but the content of decentralization and democracy on subsequent legal production and the establishment of the ideological foundation for.Draft" from the initial introduction to the present,has experienced the long years of erosion and baptism,the people's jury system has produced enormous changes.From the golden age of 50 s to the Cultural Revolution being cast aside,recovering from 80 s to 90 s of the new development,the people's jury system has experienced decades of ups and downs.In mid and late 90 s,with the continuous development of market economy,the phenomenon of judicial corruption has become increasingly prominent.After discussion of many scholars and put into practice,the Standing Committee of the Tenth National People's Congress is the first meeting of the Standing Committee of the National People's Congress "on improving the people's jury moderate decision".The decision of the Standing Committee of the National People's Congress on improving the people's jury system has made clear regulations on the relevant contents of the people's jury system.The production of the "decision" has promoted the people's jury system in our country to enter a new stage of development.During more than 10 years since the ‘decision' published,the people's jury system has made great progress.But in the process of social practice,the lack of legislation and the vulnerability seriously affect the operation of the people's jury system.The people's jury selection mechanism is not perfect.The lack of legislation,worthy of the people's jury and the jury of the security mechanism of the loopholes in the system of people's assessors alarm us there is a long rough way to go.In order to produce positive effect the development of better play and the significance of judicial democracy of the people's jury system,nowadays as the development and perfection of people's jury system of our society,the development of the jury system and the people's jury system problems in practice carries on the analysis,proposed some reasonable suggestions and Countermeasures of perfecting the jury system and a better implementation,to promote the people's jury system integrate the judicial system,promote the construction of political democratization of our nation and to improve the judicial democratization process in China.
Keywords/Search Tags:People's jury system, Participating in the trial mechanism, Legislative mechanism, Judicial democratization
PDF Full Text Request
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