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The Investigation Report About People's Jurors Investigating Criminal Cases

Posted on:2020-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:L N GuoFull Text:PDF
GTID:2416330572490016Subject:Criminal law practice
Abstract/Summary:PDF Full Text Request
As for the system of people's jurors,China's laws first stipulated it in the three major procedural laws and the organic law of people's courts.Later,in order to enhance the operability of the system,China successively introduced some corresponding legal norms,such as the 2004 decision on improving the people's juror system,the 2015 implementation measures for the pilot reform of the people's juror system,and the 2018 law on people's juror.However,in the process of jurors actually participating in the trial of criminal cases,problems existing in the existing laws and regulations are gradually exposed in the judicial practice,which seriously affect the operation effect of this system.In order to truly understand the problems in the process of jurors' participation in criminal cases,the author walked into the basic people's court of district B of S city.On the basis of a comprehensive investigation of the specific circumstances of the people's assessors participating in the trial of criminal cases in the sample areas,the author has completed the writing of this paper.Specifically,the main part of the full text is divided into four aspects to elaborate,a total of more than 20,000 words.The first part,sample information and research methods.Based on the typicality and representativeness of area B of S city,the author chooses this area as the survey sample area.Firstly,the author gives a brief introduction of the sample area and its basic people's court.Secondly,the author introduces four research methods used in the actual research process,namely questionnaire survey,character interview,file reference and field research.Through these research methods,the author has a comprehensive understanding of the basic situation of jury participation in criminal cases in district B of S city,thus accumulating rich materials for the writing of this paper.The second part,the present situation of people's juror participating in the trial of criminal cases.During the actual investigation,the author mainly learned about the specific situations of people's jurors participating in criminal cases in the people's courts of the sample areas from the following four aspects:Secondly,ask questions in court;Third,after the court collegiate situation;Fourth,the judge directed the situation.Through the field investigation in these four aspects,the author hopes to understand the specific situation of the people's juror participating in the trial of criminal cases in this region,so as to find out the specific problems in the sample court.The third part,the people's jurors participate in the trial of criminal cases existing problems and causes of analysis.On the basis of field research,the author found that the jurors in the sample court mainly have the following four problems in the process of participating in the trial of criminal cases: first,less examination papers are read before the court;Secondly,the phenomenon of false jury is serious;Thirdly,the collegial panel's evaluation is not standardized;Fourth,the judge gave improper instructions.The reasons for the above problems are as follows: first,the system: relevant laws and regulations are not sound;Second,the ideological level: poor participation enthusiasm,functional understanding is not in place;Third,supervision level: lack of effective supervision mechanism.The fourth part,the people's jurors participate in the trial of criminal cases to improve the recommendations.In view of the problems existing in the actual process of participating in the trial,the author put forward corresponding Suggestions for improvement: first,enhance the reading awareness,reasonable arrangement of the number of cases,to provide conditions and convenience for their pre-trial reading;Second,fully mobilize the enthusiasm,enhance ideological consciousness,so that people's jurors are willing to really participate in the trial and collegial;Third,detailed collegial rules,strict implementation of legal provisions,so that people's jurors can fully participate in the collegial panel evaluation;Fourth,improve the judge's instructions,strengthen supervision and management,in order to standardize the judge's instructions to jurors.
Keywords/Search Tags:People's assessors, Reading papers in front of the court, The jury becomes empty, Collegial rules, The judge directed
PDF Full Text Request
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