論中國(guó)陪審制度.pdf

1、湘潭大學(xué)碩士學(xué)位論文論中國(guó)陪審制度姓名：李琳申請(qǐng)學(xué)位級(jí)別：碩士專業(yè)：訴訟法學(xué)指導(dǎo)教師：陳剛20070507IIABSTRACT Jury system, which is the most typical way to participate judicature for the common people in the modern society, has become the important content of Chines

2、e legal system reform. Jury system originates from the West, and is separately called the jury system and the system of assessors in the Common-law and Civil-law countries. Although the two concepts, structures and char

3、acteristics are different, the value of judicial democracy, justice, authority restriction, populace wisdom and legal education tends to consistency, especially the value of judicial democratic idea is appreciated. Whil

4、e in China, the traditional culture of ethics and centralization, statue law and bureaucracy ,judicial system structure, have all led to the deficiency of democracy, moreover, the system of people's assessor, which w

5、as built in a special historical conditions, is based not on the judicial idea but on the political demand. Therefore, it is different from the said two system above, it has its own distinctive quality, which compasses t

6、hat the choice scope of candidates is narrow, that the representativeness and right exercising are sufficient, and that the juror's management pattern consists with the personnel management.Although the system of peo

7、ple's assessor has many malpractices, it still manifests the judicial democracy and cannot be substituted in the current stage.Because of the historical tradition and social conditions, the value of the system of peo

8、ple's assessor can't consist with that of the Western. Just as Professor Su Li argued, the problems concerned must be analyzed in Chinese society reforming and judicial reform, the general western judi

9、cal principle shouldn't be accepted without thought. The research of the people's assessor's system must also follow this way. Basing on the social reforming, we should reform and perfect it by localization