Font Size: a A A

Thoughts On Perfecting The People's Jury System

Posted on:2018-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:J W HeFull Text:PDF
GTID:2416330536475198Subject:Law
Abstract/Summary:PDF Full Text Request
The people's jury system refers to the fact that people's jurors join the collegial panel to try the cases together with the judges.The public thinking of people's jurors and professional thinking of professional judges complement each other,through the analysis of the facts of the case,to promote the scientific results and democratization of the referee results.However,in the judicial practice,there exist phenomena that the jury function is weakened,the misuse of alienation and jury trial and the jury of polarization function of people's jury system.In 2016,the 50 national courts began to implement the people's jury system pilot reform and achieved good results in a wide range.Local courts have adopted innovative ways to respond to the pilot reform.This process has gradually emerged many worthy outstanding reform case.The court of Henan Province,Guangxi Province people's court by the collegial panel for the trial of complicated cases achieved good social effects.Other courts should learn from the successful experience,according to their own actual situation actively established and improve the status of the people's jury trial mechanism,to perfect the trial organization,and actively explore for collegiate system,improving the jury in the trial of the position,as much as possible to eliminate the jury's ideological concerns,to make it better to fulfill their duties.The author discusses the function alienation of jurors from multiple perspectives,combined with the current people's jury system reform,putting forward some feasible suggestions on improving the people's jury system in china.This paper consists of the following three chapters:The first chapter is an overview of the people's jury system.The first section discusses the people's jury system and its evolution in the historical process.The second section discusses the people's jury system in the new period,and the third section discusses the value of the people's jury system,including the promotion of people's sovereignty,optimizing the allocation of judicial resources,the realization of judicial justice three aspects.The last section is a summary about the functions of the jury.The second chapter is the analysis of the functions of the people's jury alienation situation.The first section discusses the legal problems of the jury function.Specifically,the jury selection system is undemocratic;the jury selection system term is too long;the lack of subsidies and the management training is unreasonable.The second section discusses the functions of the jury in judicial practice,including the weakening of the function of the jury,the jury of the use of alienation and participation in the trial polarization.At the same time,from the two perspectives of subjective and objective,the author discusses the causes of the alienation of the functions of people's assessors.The third chapter is about the suggestions to improve the people's system in our country.The first part discusses the significance of the reform,the basic situation,the typical cases and suggestions in the following four aspects.The second section discusses the measures to improve the people's jury system in our country,and carries on the analysis from two aspects of the legislation and the perfect mechanism to improve the selection procedures,including the establishment of the people's jury information database,to establish a diversified talent training mechanism,improve the evaluation mechanism,refine the scope of the cases and increase the propaganda of the six aspects.
Keywords/Search Tags:The people's jury, The people's jury system, Function alienation, Pilot reform
PDF Full Text Request
Related items