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Issues Of Judicature Of People's Jury And Countermeasures

Posted on:2021-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:X C YangFull Text:PDF
GTID:2416330626454124Subject:legal
Abstract/Summary:PDF Full Text Request
It has been nearly 70 years since the introduction of the people's jury system in China.The People's Jury Law of the People's Republic of China was promulgated in 2018.Although the results were gratifying,it also left the hidden dangers of the people's jury being judged in the system design.The issue of judicature of people's jurors has a long history.The most prominent manifestation in judicial practice is the confusion of the functions of people's jurors and judges.Selected jurors need long-term appointments and receive professional training.The provisions of the current system retain the long-term rules and professional training rules for people's jurors,and have failed to completely improve the issue of judicature of people's jurors.This article will proceed from the value standpoint of rectifying people's jury,analyze the phenomenon of people's jury as reflected in the People's Jury Law and the system practice,and point out the hidden dangers and phenomenon of people's jury.To analyze the damage caused by the jury system,analyze the cause of the phenomenon of judicature of people's jury,and put forward suggestions to correct the phenomenon of judicature of people's jury in combination with the practical experience of the extraterritorial jury system.The basic value of the jury system is to allow ordinary citizens to participate in the judicial adjudication process in an orderly manner.Therefore,people's jurors should have the characteristics of non-professionalization and non-professionalization,instead of converging to professional judges.Only by building a supporting system,changing the previous model of selecting people's jurors,and improving the performance guarantee mechanism of people's jurors can correct the problem of people's jurors,so that people's jurors system can be truly effectively implemented.
Keywords/Search Tags:People's juror, Judicature, Jury system, Long term system, Performance Guarantee
PDF Full Text Request
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