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The Dilemma And Breakthrough Of The Realization Of The Value Of People's Juror System

Posted on:2021-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:A L GaoFull Text:PDF
GTID:2416330602478152Subject:Law
Abstract/Summary:PDF Full Text Request
The people's jury system depicts a wonderful picture in the judicial system of our country,which is the vivid and realistic idea of democracy in the judicial system,and also the embodiment of the idea of democracy and justice in the judicial system of our country.The establishment of the people's jury system is to prevent arbitrary judicial corruption,the implementation of legal supervision,the realization of judicial democracy,more valuable value lies in the realization of the participation of the people in the judicial trial,and prevent judges from thinking too specialized and mechanized in judging problems.At present,our country is in the construction of the rule of law society with the idea of governing the country according to law,and the definition of judicial trial is not only specialized to a society In short,what is more needed is to shorten the psychological distance between the judiciary and the public.If the wisdom of the people is absorbed as nutrition in the trial,so that each case can not only comply with the provisions of the law,but also close to the ethics of the real society,public order and good customs,so that the judgment results of each case more persuasive,more convincing to the masses and parties,so that judicial justice in the people's wisdom of the nutritious soil to thrive.Efforts to improve the system of people's jurors have great functions and value in enhancing judicial credibility,promoting the legal propaganda work of our country and promoting the construction of socialist rule of law with Chinese characteristics.Sorry Yes,at present,there are still a lot of problems in the system of people's jurors in our country,both in the legislative level and in the judicial application level in practice,which involves the lack of enthusiasm of all parties,and some problems have become the bottleneck restricting the further development of the system.Therefore,perfecting the system of people's jurors is destined to be a "compulsory course" in the field of judicial practice and legal theory in our country.The purpose of this paper is to deeply analyze the value of the people's jury system,to make readers further understand the great significance of the people's jury system in our country,to promote the realization of the maximum value of the people's jury system,and to make better use of the people's jury system to promote the judicial development.I consider Civil litigation is the type of litigation closest to the real life field of the people,which is an important breakthrough in the development of the people's jury system.From the perspective of civil litigation,this paper analyzes the system of people's jurors in all directions.In the first part,i.e.the introduction part,this paper gives a general introduction to the people's jury system;the second part is to follow the development process of the people's jury system in China,to understand the necessity of it by describing the disputes over its existence and abolition over the years,as well as to demonstrate its suitability for existence and abolition by analyzing the value of its various dimensions,including judicial democracy,judicial credibility and so on The third part analyzes the current situation of the development of the people's jury system and the factors that hinder the realization of the value of the people's jury system to explore the current difficulties.Due to the impact of the epidemic situation and time conflict,there is no way to go to the grass-roots court for field investigation and research in accordance with the original plan.Now,through the Internet and other ways to collect the research results of other literature in recent years and online questionnaire to understand the current situation,and analyze the problems existing in the operation of the people's jury system.The last chapter is the core content of this paper Firstly,the author refers to the good experience of jury system and trial participation system in foreign countries,and then combined with the actual situation of our country,puts forward specific suggestions and methods to improve the people's jury system,including suggestions for the improvement of the people's jury system according to the characteristics of civil litigation.
Keywords/Search Tags:People's Juror, Dilemma, Breakthrough, Value
PDF Full Text Request
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