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A Study On The Trial Of Fact And The Trial Of Law In Civil Cases

Posted on:2018-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:S M KangFull Text:PDF
GTID:2416330515953519Subject:Law
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It is the core of the reform of the People Jury System and the important part of judicial reform that people assessors just participate in the trial of facts,which eliminates the disadvantages of the people assessors in the field of law.In the system,judges hear the application of law by law.At the same time,the fact that jurors join only the trial of reality is more consistent with rule of thumb and enhances the social acceptability of judicial decisions,but also to,that is to enhance the public credibility of the judiciary.As a new reform,the court needs to explore in practice,both to determine the scope of the facts of the people jurors,but also to avoid "one size fits all".The grassroots court the author working in,as a pilot court of the people jurors,explores actively and effectively relevant systems according to the geographical characteristics and trial reality.From the trial of facts and the trial of law of civil cases,the paper analyzes measures one by one the pilot court making in the practice and existing problems in the practical operation,combining the pilot practices and specific cases of the reform of the People Jury System.This article,from the function orientation,system design and supporting measures,puts forward detailed suggestions on establishing the separation mechanism of the trial of facts and that of law in civil cases,to provide some useful ideas and countermeasures for the People Jury System in the future.Apart from introduction and conclusion,the paper is divided to four parts.The first part sketches the trial of facts and the trial of law in civil cases.It introduces the basic connotations and division standards of the two trials,as well as analyzes the existing problems that jurors participating in the two trials meanwhile.So it is very important to define the hearing scope of people assessors.The second part analyzes problems jurors joining the two trials in the pilot court.After introducing preliminarily every pilot court in our country,the author takes the pilot works of the jury at a grassroots court he working for as the sample,then points out that the meeting before trial is shaped like a dummy,if prone to distinguish factual and legal issues in the trial of civil cases.And the chief judge is also unskilled in the guidance operating process of the People Jury System.What's more,the effect that the Collegial Panel discusses the hearing of civil cases is not obvious.The third part analyzes some existing problems of juror participating in the factual trials such as in the application of standard,subject,model and result through using specific cases.The last part puts forward the concrete suggestions of establishing the separation mechanism about the trial of facts and that of law in civil cases from the function orientation,system design and supporting measures.As to the function orientation,the paper proposes that the people jurors should adopt the principle of the trial of facts and the exception of that of law in hearing cases according to the type of cases,the size of case influence,and the jury model.In system design,the author suggests to construct the system of judge's guidance,improve the review system of collegial panel and reform the style of judgment documents.In the aspect of supporting measures,the court should regulates the selection system of jurors,optimize their classification assessment and perfect the mechanism of duty safeguard,to achieve the preliminary separation of the two trials,and integrate professional judgment and judicial democracy organically.
Keywords/Search Tags:the people juror, civil case, the trial of facts, the trial of law
PDF Full Text Request
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