Study On The Appointment And Dismissal System Of Military Juror

With the development of the pilot work of the People's Juror System reform,"People's Republic of China Law" was adopted in April 2018 27 by the 13 th session of the NPC Standing Committee of the second Meeting,and “the decision of the Standing Committee of the National People's Congress on perfecting the People's Juror System(hereinafter referred to as ?decision?)”which was passed in 2004 was abolished.The rules of the military juror system are drawn up according to the “decision”,and the quality of the relevant regulations depends on the understanding of the military environment by the makers when they made the regulations,the regulation has not been reformed,so the military juror system is ineffective in practice.The system of military juror?s appointment and dismissal is a special part of the military juror system,the maturity of the military juror appointment and dismissal system is directly proportional to the implementation quality of the military juror system.The reasonable determination of the selection conditions of the military jurors,the reasonable planning of the selection procedure of the military jurors and the reasonable construction of the military juror withdrawal mechanism,jointly guarantee the practice of the military juror system.First of all,this paper makes clear the special characteristics of military juror appointment and removal system which is different from the characteristics of juror's appointment and dismissal system,and the unique value of promoting the military judicial democracy and maintaining military order;Secondly,it analyzes the defects in the appointment,selection and exemption mechanism of military juror appointment and removal system,and the reasons for the defects: lag behind the development of the Times and deviate from the reality of the Army;Thirdly it summarizes the development of the appointment and removal system of the juror and the Reform of the military judicial system,providing the perfect direction for the perfection of the military juror appointment system,and the perfect conditions for perfecting the system of the Army juror's appointment and dismissal;Finally it puts forward the suggestion of perfecting the military juror appointment and dismissal system,namely: relaxing the selection condition,improving the selection procedure,refining the exemption mechanism.By means of literature research,this paper analyzes the articles concerning the appointment and dismissal of military jurors and the rules and regulations concerning the appointment and dismissal of military jurors,and sums up the special features and unique values of the military juror appointment system.By means of empirical research,this paper investigates the distribution of military and military jurors and the status quo of the selection of military jurors,and explains the defects of the selection system of military jurors.Using the historical research method,this paper analyzes the development process of the jury appointment and removal system after the ?decision? is issued,and summarizes the value orientation reflected in the development of the jury appointment and removal system.The paper firstly puts the value orientation reflected in the appointment and removal system of the juror as the direction of perfecting the system of the military juror's appointment and dismissal,makes the improvement of the system of the military juror's appointment and dismissal accord with the development of the appointment and removal system of the juror,It is advantageous to promote the rationalization of the military juror's appointment and dismissal system under the premise of maintaining legal system;This paper secondly puts the reform of military judicial system as the objective basis of perfecting the military juror's appointment and dismissal system,it is beneficial to the modernization of the military juror's appointment and dismissal system.