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The People's Jurors Participate In The Substantive Examination Under The Vision Of Power And Responsibility

Posted on:2020-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:J W ChenFull Text:PDF
GTID:2416330590961587Subject:legal
Abstract/Summary:PDF Full Text Request
The people's jury system is an important judicial system in China,and it plays a unique role in building judicial democracy in China or in realizing the supervision of the people in judicial trials.Judging from the practice of the system,because the people's jurors are unreasonable in the process of participating in the case,the formalization of the trial is often the case,and the role of the people's jury system is on the surface.The original intention of the system design of judicial justice.Under the background of the substantive nature of the trial,the people's jury system has also undergone supporting reforms.The State promulgated the Law of the People's Jury of the People's Republic of China,focusing on the adjustment of the powers of the people's jurors to promote the essence of the people's jurors.The original intention of the system to achieve judicial justice.The direction of institutional reform is worthy of recognition,but the current legislative reform is inadequate.It is difficult to comprehensively and deeply solve the problems of the people's jurors in the trial process.It is still difficult to achieve the value goal.Therefore,it is necessary to comprehensively implement the substantive examination of the people's jurors.And in-depth research.The academic circles have launched a hot discussion on the various issues in the current People's Jury Law.However,few people have explored the substantiveization of the people's jurors from the perspective of power and responsibility.The study on the substantiveization of the people's jurors from the division of power and accountability is helpful to explore the dilemma faced by the people's jurors in the trial.On this basis,the path is analyzed to try to realize the value of the people's jury system.The thesis is divided into five parts.The first part is the introduction,including the meaning of the topic,literature review,research methods and ideas.The second part is the introduction of the substantive interpretation of the people's jurors in the perspective of power and responsibility,including the substantive outline of the people's jurors' participation in the trial,the value objectives of the people's jurors' substantive participation,and the substantive participation of the people's jurors in the perspective of rights and responsibilities.The meaning.The third part combines the reality and explores theinstitutional obstacles of the people's jurors' substantive participation in the field of power and responsibility.It mainly analyzes the shortage of the people's jurors' power mechanism and the inadequacy of the people's jury's responsibility mechanism.The fourth part is the analysis of the extraterritorial model in the perspective of power and responsibility,including the jury model of the Anglo-American legal system,the investigation of the civil law system and the comparative study of the extraterritorial model.The fifth part is the analysis of the path of the people's jurors' substantive participation in the perspective of power and responsibility,including the perfect path of the people's juror's power mechanism and the perfect path of the people's jury's responsibility mechanism.To realize the substantiveization of the people's jurors,it is necessary to improve the power mechanism and responsibility mechanism of the people's jurors as a whole,and to regulate the system in all aspects.
Keywords/Search Tags:Jury System, Participation in Trial, Substantiveization, Powers and Responsibilities
PDF Full Text Request
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