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論我國人民陪審員制度的現(xiàn)狀與完善-文庫吧在線文庫

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【正文】 inated from ancient Greece and Rome in 594 BC. This is due to the reform of Solon, a famous Athens politician. From its implementation, it can be seen that the number of juries reflects the importance of the case under trial. The modern jury system started in medieval Europe ②. AngloAmerican legal system is the earliest jury way the United Kingdom, such as the famous 12person jury in the history of Britain. During the colonial period, British colonialists brought the jury system to the United States. From this we can see that the jury system in the United States was formed and developed solely on the basis of British tradition.The earliest jury trial in the civil law system was the French Carolingian dynasty3, although the jury system gradually disappeared once the expansion of the monarchy. However, during the French Revolution, in order to counter feudalism and promote democracy, France introduced the jury system of the AngloAmerican legal model and highlighted the citizenship and restriction of judicial power in the design of the judicial system, making it the embodiment of judicial democracy and sovereignty over the people An Important System of Constitutional Thought. Due to Napoleon39。s first Criminal Procedure Law Also made provisions. At this point, jury system as a trial system has been established, and mandatory. Due to the strengthening of the people39。s national conditions. Due to China39。s trial that the most reasonable reason should be chosen to maximize its legitimacy in the trial of the case. 3, with rational values ??to understand the essence of judicial efficiency. I think the jury system is a matter involving the fairness of the judiciary. Judicial efficiency and judicial fairness do not belong to one level. When there is a conflict, we should first consider the issue of judicial fairness.(2) the significance of the people39。s assessors is an important part of our democratic system. It is an important form by which the people39。s participation in the process of democratization of the judiciary. It also mobilizes the enthusiasm and initiative of the people in judiciary participation and plays an important role in strengthening the building of democracy and the rule of law in our country To a certain positive effect. (2) People39。s jurors have little stake in the court, they are also more likely to expose their own problems found in the case in judicial trials, making it easier to prevent judges from engaging in black hat operations during the trial. (3) People39。s jurors refers to the external value of the jury system. Its realization is reflected in the proper function of the dissolution of the dispute and the result of the refereeing, and is embodied in the ideal result that the jury members can participate in. This value is actually the gradual emergence of the modern jury system in its formation. (1) People39。professional judgment, make up for the defects of the judges39。s jurors produce. Judging from the emergence of people39。s jurors shall enjoy the same rights as judges during the trial. Equally, the people39。s jury quality judgment is too single. In terms of the quality of jurors, people39。s jury system is an important form of the people39。s professional prejudice, urge judges to develop fair professional ethics and promote judicial fairness . (2) People39。s courts. People participate in trials with jury qualification, but also receive state management and education and are subject to strict pliance with the law. Through direct participation in trial activities, people39。s words and deeds. If a judge and jury cojudge, then the judge in the face of all kinds of temptation to think twice before you go. One judge said to the jury jury: I felt not only the eyes of both parties watching me, the eyes of the masses watching me, but also the jury39。s enthusiasm in administering the country and building the nation and judiciary democracy are regarded as justification for the jury system. Jury system is a symbol and declaration of judicial democracy. The system of people39。s jury system Members participate in court proceedings. The pany is located in: (1) People39。s jurors participating in a large expenditure of expenses such as the loss of working time, boarding fees, transportation expenses, etc., most of these costs are spent by the court from their own office expenses. In response to the current status of courts in China at various levels, there is still a lot of pressure to bear this cost. In response to the above three points of objection, the author one by one ment, that the people39。s Assessors, which is the result of continuous efforts by all walks of life in the exploration and development of the system of people39。s courts shall try their case in accordance with the law in the trial of the people39。s jury system in our country. Although the 11th meeting of the Standing Committee of the Tenth National People39。s juror。①陳盛清主編:《外國法制史》,北京大學出版社1982年版,第39頁。二是實施單獨序列考核管理。石門縣人民法院高度重視人民陪審員在庭審中的作用,不僅對人民陪審員予以定期培訓,同時對于影響較大的典型性案件組織全體人民陪審員旁聽,反響甚佳。陪審員在享有權(quán)利的同時,應同樣履行與審判員同等的義務,準時到庭,及時做好庭前準備工作,積極參與庭審活動,陪審員應當自始至終參加一個案件的審理活動,如果陪審員無正當理由不能按時執(zhí)行職務或者拒絕履行職務的人民法院可以對其予以罰款或其他懲罰措施。為確保陪審員的素質(zhì),陪審員應選舉產(chǎn)生,陪審員的選舉應當獨立進行,各級人大常委會成立人民陪審員任選委員會,為避免不必要的浪費,陪審員的選舉可與基層人民代表的同步進行,這樣做可以不斷更新陪審員,使陪審員的代表范圍更為寬廣。人民陪審員培訓制度不夠科學。人民陪審員在審判中與法官享有同等的權(quán)利,同樣應該也應與審判員有同等的義務,其在審理案件時違法違紀也應按審判員違法違紀責任追究辦法處理。從人民陪審員的任期來看,陪審員任期一般為五年,并可連任,這就使得陪審員的資格相對穩(wěn)定。而陪審制度卻完全可以克服這種缺陷,它通過充分利用社會上豐富的人才資源,吸收各行各業(yè)的專家參與審理此類案件,形成較為科學完善的
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