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On The Reform Of The People's Jurors In China

Posted on:2017-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:P ChenFull Text:PDF
GTID:2356330518991144Subject:Legal theory
Abstract/Summary:PDF Full Text Request
China's jury system is an important part of the judicial system,according to certain procedures and methods from the citizens to participate in the selection of a jury trial in the court,exercising a right of assessor system.It is an important litigation system that reflects the judicial democracy and improves the credibility of the judiciary.After the founding of new China,China's first Constitution clearly stipulates that the people's Court of first instance,the implementation of the people's jury system,and in the "people's court organization law" to further confirm.Jury system in the"Cultural Revolution" interrupted,since the reform and opening up,the people's jury system in the Constitution and the law of our country to restore and improve.Therefore,the people's jury participation in the trial of the trial of the right to participate in legal.The reform of the judicial authority of the people's jury in our country is of great significance,it is an important embodiment of the judicial democracy,and it is an important measure to improve the credibility of the judiciary.However,in the judicial practice,there are still many problems in the implementation of the system,such as the people's jury system in the process of operation,there are still many uncertainties.The difference of people's jurors and judges of their respective powers and occupation division,the people's jury trial,and no problem with negative people's jury and unclear responsibilities and other also exist,which are in different extent hindered the play of the effectiveness of the litigation system.The existence of these problems has important significance to people on the concept of people's jury system understanding is not in place,there are operational issues specific to the lack of system design,is closely related with the people's jury of their own problems,so it is imperative to reform.In order to further improve and enhance the people's jury system should be carried out,at the legislative level of the jury in the case of the scope and type to be further defined,and the people's jury trial case proceedings to be standardized,in order to ensure the system normal operation in the program.In addition,the people's jury should build independent appraisal system,substantive rights give people's jurors in the case of the trial,and establish and improve the people's jury system of accountability,to protect our people's jury system of judicial democracy,improving judicial credibility effect fundamentally.
Keywords/Search Tags:judicial reform, jury system, the people's jury system, the right to participate in the trial
PDF Full Text Request
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