Effect Analysis Of The Japanese Saiban-in System

Based on the operational effectiveness of the Japanese referee system as the research object,were introduced in Japan the system applicable scope,the selection procedure,mainly on the implementation of 7 years,the number of cases of crime,the trial period,the sentencing tendency and challenges are analyzed,trying to summarize whether the actual utility of the criminal justice system in Japan in order to achieve the expected.The first chapter is an overview of the Japanese referee system.The Japanese referee system applicable to may in accordance with the law,sentenced to life imprisonment and imprisonment of criminal cases and legal cases should be full,the candidate must be with the right of adults,by the court from the candidate list at random.Different from the American jury,the Japanese referee has a strict obligation of confidentiality,it can be said that to a certain extent,increased the psychological burden of referees.The second chapter is the analysis of the effectiveness of the Japanese referee system.After a detailed list of the implementation of the referee system,the number of charges,charges,the number of defendants,the trial period of change,we can see the role and influence of the referee system.The implementation of the referee system has brought about the strengthening of the court,the rapid trial and the strengthening of the direct trial and oral trial.The third chapter analyzes the core dispute in the process of the implementation of the Japanese referee system.Before the formal establishment of the referee system,the Japanese legal profession on the sentencing of the referee questioned,worried that the referee does not have a professional background of the criminal trial sentencing range from the normal range.But in fact,by comparing the data of the sentencing and sentencing judge,we can be sure that the trial did not make sentencing work and derailment,consisting of the appeal court judges occupation on the first trial and sentencing results played a very good role to correct.In the fourth chapter "compensation lawsuit" Fukushima state as a clue,analyzes the challenges that the referee system of judges,the trial in major criminal cases have to come into contact with the evidence shocking,which leads to the referee serious psychological trauma.Although the judiciary put forward countermeasures to change the form of evidence,but this is a violation of the principle of hearsay prohibition.In the final analysis,it is still necessary to solve the problem from the system level.Finally the summary of the problem,the Japanese referee system since the implementation,in steady operation,has brought new opportunities for the development of Japanese criminal judicial sentencing trial work,effective shorten the trial period in the past is slow,but also from the relevant survey shows that the trial results can reflect public opinion,the basic realization of the to strengthen the judicial democracy is expected.