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People's Assessors Participate In The Research Of Case Fact Trials

Posted on:2021-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:P QiuFull Text:PDF
GTID:2436330647457807Subject:Law
Abstract/Summary:PDF Full Text Request
The jury system has a long history and a long history.As an earlier legal system created in human civilization,it still has strong vitality and almost mysterious appeal.This system permeates the governance concepts of judicial democracy and human democratic rights,fully integrates public opinion and wisdom,and plays a pivotal role in restricting the power of judges and ensuring judicial justice.Since the new era,with the change of the main contradictions in our society and the improvement of the requirements of national governance capabilities,the pace of judicial reform has been accelerating,and the reform of the people’s jury system has become an issue of the era that needs to be solved urgently.In particular,in the past two years,the People’s Assessor Law and related judicial interpretations have been successively introduced,and the original system design has been greatly adjusted,and the powers and basic procedures for jurors to participate in trials have been standardized,with a view to progressively reviewing facts and laws Separation,thereby achieving the reform goal of jurors participating only in fact trials.Based on this,this article starts with the analysis of the current situation of people’s jurors participating in the fact trials in China,selects several types of problems from them,and then analyzes the main reasons in depth,and proposes improvement ideas that fit the specific conditions of the people’s jury system in China.With a view to providing a little help for the improvement of the system of people’s jury participation in the factual trial of cases in China.The article is mainly divided into three parts:The first part gives a general introduction to the factual trial,including the initial origin,formation and development of the people’s juror system in China and the value goals of people’s jury participation in fact trials.The second part mainly introduces the current situation of people’s jurors participating in the factual trial of the case from the perspective of the types of cases participating in the trial and the facts,and summarizes the common situation of people’s jurors participating in the factual trial of the cases Issues such as the vague definition of people’s jurors,the scope of cases applicable to the fact trial,and the standards and methods of fact trial are unknown.The third part mainly combines the specific provisions of jury(participation)system in civil law systems and common law countries,through comparative analysisto provide some reference,and puts forward some improvement ideas for the problems in the aforementioned fact trials,mainly Breakthroughs are made in terms of clarifying the people’s assessor’s power to participate in trials,limiting the types of cases for which people’s assessors can participate in trials,and clarifying specific standards for factual trial operations.
Keywords/Search Tags:People’s assessor, Right to participate in the trial, Fact finding, Empirical research
PDF Full Text Request
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