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Research On The Range Of Pepple’s Assessors’ Participation In Trial

Posted on:2021-10-27Degree:MasterType:Thesis
Country:ChinaCandidate:L X RenFull Text:PDF
GTID:2506306107980749Subject:Law
Abstract/Summary:PDF Full Text Request
The people’s jury system is in the peak period of reform,which is an indispensable part in the process of constantly improving the socialist system with Chinese characteristics.As the key content of the system,the scope of participation is of great significance to the scientific and effective operation of the system.At present,the reform of this system is mainly reflected in the introduction of a series of reform documents,and the opening of a strong pilot reform in the national court,which has achieved good legal and social effects.After that,special laws and regulations for people’s jury system have been promulgated,which marks that the development of China’s jury system has entered a mature new stage.The development of a system itself means that we can’t stop.When we get gratifying development achievements,we still need to pay attention to the problems existing in the legislative provisions and practical operation of the system itself,and then put forward targeted solutions,so that we can continue to reform and adapt to the requirements of the times.In the exploration of the jury system,we should first explore its existence and the positive value of reform and development,only in this way can we firmly believe in the continuous development of the jury system in our country and ensure the basic direction is correct.Then it will lead to some practical difficulties in legislation and practice of the current scope of participation.For example,the provisions of the scope of participation of people’s assessors in legislation are too principled and ambiguous,and the contents of the application and exclusion of the parties are not perfect.In practice,there are some problems,such as the lack of the type content of the scope of participation and the procedural consequences of violating the scope of participation,as well as the lack of practicality of the professional jury and the application cases of the parties.As a result,the operation of the scope of participation is different from the current provisions,and the perfection of the people’s jury system is hindered.Therefore,it is necessary to clarify the issues related to the setting of the scope of participation based on the current situation of legislation and practice,and then realize the importance of the type of the scope of the people’s jury system.It is also the content of practice to explore and evaluate the scope of participation in the jury system in the representative countries outside China.On this basis,it is necessary to define the scope of participation reasonably,classify,fill and exclude the relevant content,and scientifically type the cases.The development and perfection of a system or its content is never isolated,so it is necessary to explore its supporting measures.Only in this way can we provide some reasonable suggestions for the specific legislation and practical operation of the range of people’s assessors’ participation.For the development and innovation of the people’s jury system,and for the reform of the judicial system in the new era,we can provide some solutions.
Keywords/Search Tags:People’s Jury System, Scope of Trial, Type Legalization
PDF Full Text Request
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