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A Study On Citizens' Participation In Justice

Posted on:2021-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:J L ZhangFull Text:PDF
GTID:2416330611980660Subject:legal
Abstract/Summary:PDF Full Text Request
With the development of economy and the continuous promotion of the construction of the rule of law,individuals have increased their attention to the law and the maintenance of their own rights,and citizens' self-awareness of the subject and the concept of the rule of law continue to increase.In the past,the behavior of hating and avoiding litigation has gradually changed to actively participating in litigation.However,with the constant exposure of cases of perverting the law,people have always been vigilant to judicial activities.In order to save the declining social reputation of the judiciary and enhance the public's sense of identity,the state has carried out judicial reform activities such as judicial openness and judicial participation.In the reform activities of judicial participation,we should pay full attention to the "people nature" of justice and ensure that citizens can smoothly participate in judicial activities.The system of citizen's participation in justice provides the opportunity for citizens to enter the judicial system,understands the operation procedures of the judicial organs,and through close contact with the judicial work,also makes the judgment more credible.In addition to the legal system of people's assessors and people's supervisors,the way of citizens' participation in the judiciary has also derived a media review style of participation that keeps pace with the times.Nowadays,with the development of science and technology,there are various platforms for information dissemination and real-time communication.There are more ways for citizens to understand the judiciary.Through the way of media,citizens can participate in the judiciary and become the main force for citizens to participate in the judiciary.Although the ways of citizen's participation in justice are different,citizen's participation in justice is an important way to realize judicial democracy.This paper mainly introduces the value,path,problems and improvement suggestions of citizens' participation in justice,which can be divided into four parts.The first part mainly discusses the value of citizens' participation in justice.Citizen's participation in justice can bring the value of judicial democracy,restriction,supervision and education into play.Through citizen's participation in justice,it can supplement the judge's other professional and technical knowledge,so that the citizen's opinions can be reflected in the legal judgment.Citizens supervise the justice from the perspective of bystanders by participating in the justice,so as to prevent judges from using power for personal gain.In the process of participation,contact with cases,through the warning of real cases,regulate their own behavior with others,play an educational value.The second part mainly discusses the path of citizens' participation in justice.Specifically,from two aspects of judicial trial and judicial supervision,this paper discusses the ways for citizens to participate in the judiciary.In the judicial trial,people's assessors are selected to evaluate cases.In the aspect of judicial supervision,people's supervisors are selected to supervise the procurator's job behavior and the judicial activities are supervised through media comments.The third part discusses the problems of citizens' participation in justice.First of all,in the judicial trial,people's assessors can't or won't express their opinions because of the lack of their own legal knowledge reserve in the jury process.The judge's position in the jury process is too strong,and improper instructions lead to the formalization of the jury.In the aspect of judicial supervision,the media comments participate in the disorder.Before the court's pending cases,they release false information,mislead the people who do not know the truth,and interfere with the judge's independent trial.Because the people's supervisors receive information from a single source,the actual right of speech is controlled by the prosecution,and the supervision is formalized.The fourth part discusses the suggestions to improve citizens' participation in justice.In the aspect of judicial trial,we should limit the improper instructions of judges,improve the selection procedure and distinguish the facts and legal issues,so as to help the jurors improve the evaluation effect.In the aspect of judicial supervision,we should unblock the channels of communication and standardize the reporting behavior of the media.Guarantee the supervisor's right to know and expand the channels of information sources.In terms of security measures,we should improve the open channels,implement the judicial responsibility system,and strengthen the professional security of judges.
Keywords/Search Tags:people's assessors, people's supervisors, judicial democracy, judicial restriction, judicial supervision
PDF Full Text Request
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