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The Legal Course And Prospects Of The People’s Jury System

Posted on:2019-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:B J LiFull Text:PDF
GTID:2416330602457079Subject:Law
Abstract/Summary:PDF Full Text Request
With the continuous development of society,people’s rights have been paid close attention to.As an important form of people’s participation in and supervision of justice,as well as an important embodiment of judicial democratization and democratic politics,the role and significance of the people’s jury system is extremely important.Participation of people’s jurors in court adjudication is an important manifestation of the people’s court’s adherence to judicial democratization,a concrete means to ensure judicial justice,and an inevitable requirement of judicial democratization in a socialist country ruled by law.During the Agrarian Revolution in the 1930s,the people’s jury system took shape in the Central Soviet Area.After a long period of baptism and legal institutionalization,the people’s jury system developed with the progress of Chinese society and gradually became the basic judicial system in China,which was finally confirmed by law.In 2004,the Standing Committee of the National People’s Congress promulgated the Decision on Perfecting the People’s Jury System,which enabled the people’s jury system to enter a new stage of development.With the implementation of the Decision on Perfecting the People’s Jury System and the Follow-up Pilot Plan for the Reform of the People’s Jury System,the people’s jury system has made remarkable progress.However,in the process of the implementation of the people’s jury system,imperfect regulations and lack of legislation seriously affect the normal operation of the people’s jury system.On April 27,2018,the Second Session of the Standing Committee of the Thirteenth National People’s Congress deliberated and adopted the People’s Juror Law of the People’s Republic of China(hereinafter referred to as the People’s Juror Law),which came into force on the same day.The People’s Jury Law not only affirms the experience and practice of the reform of the people’s jury system since the Third and Fourth Plenary Sessions of the Eighteenth Central Committee of the Communist Party of China,but also perfects the selection,Participation and management of the people,s jurors.This is also the first special law on the people’s jury system in China’s history.Its promulgation and implementation is not only a milestone in perfecting the socialist legal system with Chinese characteristics and building a socialist country ruled by law,but also a new milestone in safeguarding citizens,democratic rights and promoting the construction of judicial democracy.It is of great significance to improve the scientificity of judicial trial and to promote the pace of judicial democratization carried by the people’s jury system.Since the promulgation of the People’s Jury Law,courts across the country are bound to face a variety of practical problems and legal application problems in their specific operations in the face of increasingly complex social govermance and contradictions and disputes in legal practice.This article will focus on the system innovation of the People’s Jury Law,through the interpretation of the people’s jury system,break the internal patterm and external image of the judicial system,and on this basis put forward suggestions and prospects for improvement,so as to promote China’s political democratization and improve the process of judicial democrss...
Keywords/Search Tags:People’s assessor, Legalization, Breach, Expectation
PDF Full Text Request
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