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An Empirical Study On The Operation Of The People's Jury System In Grass-roots Court

Posted on:2017-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:L Y HuangFull Text:PDF
GTID:2416330590990210Subject:Law
Abstract/Summary:PDF Full Text Request
The people's jury system is an important judicial democracy policy in our country.In this paper,it does empirical analysis on people's court in Minhang District Shanghai;combining with the actual situation of the current judicial reform,it does analysis on the operation of the people's jury system in the in grass-roots court.In addition to the conclusion,this paper is divided into five chapters.The first chapter is the introduction.It mainly explains the research background,research methods and research content and explains several preconditions and the situation of empirical research sample area(i.e.Minhang court).The second chapter analyzes the problems and causes for the selection of people's assessors.It mainly investigates the way of the people's jury selection and the current people's jury personnel structure.Starting jury program mainly investigates whether the application of jury procedure is decides by the court on basis of law or the party's application.Through the study,it summarizes the following problems: The range of people's jury selection remains to be widened and the start of jury program is single mode,and then it analyzes the reasons combined with actual situation.The third chapter is the analysis of the problems and causes of the people's jury in the management and training.It mainly studies on the operation situation of the people's jury management and training system.Through the investigation,it is found that the content and form of the management of the people's jurors need to be improved.The training content and methods need to be improved,and then it analyzes the causes in combination with the actual situation.The fourth chapter is the trial participating situation of the people's jury and the causes of the problem.It mainly investigates the way of selecting the people's jury and the extent and influence of their participating in the trial.In the selection method,it mainly studies whether the jury participates in the trial by the way of random selection or in the form of jury trial.In participation extent and impact,it mainly investigates the situation of papers reading before starting trial,the situation of discussion and participation in the case of the trial.Through the investigation,it is found that the phenomenon of uneven distribution of the jury,accompanies without trial still exists,and it does analysis of the reasons combined with the actual situation.The fifth chapter is analysis of the causes based on the existing problems and is to put forward suggestions on the people's jury system.First,establish the constitutional status of people's jury system to provide legal protection for perfecting the system;secondly,change ideology of the public to lay thought foundation for improving people's jury system;finally,improve the relevant legislation to provide legal basis for implementing the people's jury system.The author hopes that this article can provide some reference for our country to further improve the people's jury system with Chinese characteristics.
Keywords/Search Tags:people's jury, selection, training, management, participate the trial
PDF Full Text Request
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