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The Study Of The People's Juror System Under The View Of Judicial Centralism

Posted on:2019-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:P CaoFull Text:PDF
GTID:2416330563456444Subject:legal
Abstract/Summary:PDF Full Text Request
China is a socialist country.That means the people in our country is in charge of the position.The people's jury system is the best way to practice this idea in the field of judicial field.It embodies the public participation in activities of justice.In the mean time,when people's jurors join in the trial,they can supervise the whole process of trial directly.they also can prevent the occurrence of selfish motives to ensure that we have fair trial,strengthen the social authority of the court.But now in the judicial practice,when we carry out this idea,there are some problems,like failure to handle the contradiction between the mass and the elite,accompany without careful phenomenon is serious,the parties at the time of starting the juror system lack veto power,restrict the participation of jurors in the second trial procedure etc.In order to solve these problems,the supreme people's court and the ministry of justice jointly promulgated by the people's juror system reform measures for the implementation of pilot projects in 2015,the ten provinces in our country city territory more than 50 courts launched a pilot reform,18 in the forth plenary session of the resolution at the same time put forward to promote judicial reform,can guarantee the original jurisdiction main body status,to establish modern trial structure,establish modern trial principle.I will the pilot reform plan and decision for improve the system of people's assessors in 2005,summarizes the characteristics of the pilot reform program,at the same time focus on Beijing no.2 intermediate people's court,Daqing city of Heilongjiang province ranghulu district court,Shanxi xi'an yanta district court,Guangxi guilin qixing district court and Chongqing liangping court reform measures analysis,found the pilot reform of the scheme and some yet to be perfect and clear.In order to more fully play the role of the people's jury system,I have carried out a comprehensive study of the external jury system.I analyze the continental law system and Anglo-American law system countries related measures and regulations in the field of jury,besides,I combined the situation of the development of people's jury system in our country and the concrete operation in practice,puts forward relevant measures from the following several aspects,such as perfecting the system of expert jury,clear the distinction between law judge and fact judge method,develop problem list system,perfect the jury selection standard of this part is mainly aimed at the above problems provide a solution to the train of thought,on the one hand,play the value of jury system actively,on the other hand,also encourage everyone to actively join the jurors team,by participating in the trial practice activities to enhance the learning of legal knowledge,perfect the legal thinking,promote the rule of law consciousness.
Keywords/Search Tags:people's juror, people's juror system, problem list, expert juror
PDF Full Text Request
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