freepeople性欧美熟妇, 色戒完整版无删减158分钟hd, 无码精品国产vα在线观看DVD, 丰满少妇伦精品无码专区在线观看,艾栗栗与纹身男宾馆3p50分钟,国产AV片在线观看,黑人与美女高潮,18岁女RAPPERDISSSUBS,国产手机在机看影片

正文內(nèi)容

論我國人民陪審員制度的現(xiàn)狀與完善-資料下載頁

2025-04-13 01:46本頁面
  

【正文】 bers can participate in. This value is actually the gradual emergence of the modern jury system in its formation. (1) People39。s jury system is conducive to promoting judicial justice. In general, law is only a principled and limited provision and lags behind in real life. Faced with rich social life, its provisions will inevitably be loopholes. Therefore, during the trial, the judge often needs to learn from the experience of social life and draw lessons from the socially accepted principle of fairness and justice. Judges, because of their professional characteristics and the limits of the living circle, recognize the fairness and fairness of the general public as well as the conscience of the public, and find it hard to fully understand and experience all aspects of social life. Most of the people39。s jurors e from grassroots level, are familiar with society, understand the conditions of public opinion and public opinion, and their popular thinking can plement the occupational judge39。s professional thinking effectively, rectify the judge39。s professional prejudice, urge judges to develop fair professional ethics and promote judicial fairness . (2) People39。s jury system is conducive to 廣納 public wisdom. ⑥ The professional expertise of jurors can make up for the single defect of the professional judge39。s knowledge structure and thus guarantee the judicial fairness. At present, many judges in our country have studied more deeply on the application of law in cases and can use some jurisprudence to analyze and solve the legal problems in reality. However, some fields of specialization other than law are less specialized and indepth than those specialized in finance, accounting, real estate and stock rights. In the event of disputes in similar fields, the lack of knowledge has bee a deficiency in the handling of cases. The jury system can pletely overe this defect. It takes full advantage of the abundant human resources in society and recruits experts from all walks of life to participate in the trial of such cases to form a more scientific and plete cultural, intellectual and professional structure. Jurors and judges Give play to the strength of plementing each other39。s knowledge, greatly improve the level of judges 39。professional judgment, make up for the defects of the judges39。 professional knowledge and effectively avoid making unfair judgments. Third, the status quo of the people39。s jury system in our country China is a socialist country under the people39。s democratic dictatorship and all its rights belong to the people. People39。s jury system is an important form of the people39。s masters and their participation in state management activities. It is indispensable, but it reflects the problems in our country39。s trial practice Can not be ignored. (I) Onesidedness of the representative of the people39。s assessors1, the constraints of the way people39。s jurors produce. Judging from the emergence of people39。s assessors, one is the election of voters or the remendation of relevant units, and the other is the appointment of courts (longterm or interim). Laws and regulations do not make specific provisions on the two options, too general. In practice, the unit remendation and longterm appointment of the court are more mon, and the judge always wants to cooperate with those jurors who have used their own opinions and even accustomed themselves to hearing from oneself. Therefore, jurors and judges form a relatively stable court, so that The rate of participation of jurors in trials varies widely. This has also resulted in the fact that only a handful of citizens are jurors, not universal. 2, the jury of the ambiguity of the term of appointment. Judging from the term of office of the people39。s assessors, jurors generally hold a term of office of five years and be eligible for reelection, thus making jurors relatively more qualified. Does not fundamentally change the situation in which very few people are likely to be jurors. Many who have served as jurors may still remain on the new jury list after the term expires. Therefore, it is more mon for jurors to be members of minorities, thus greatly reducing the scope of jurors. And the nature of jury system the opposite of judicial democracy. (B) the role of people39。s jury play binding 1, the people39。s jury quality judgment is too single. In terms of the quality of jurors, people39。s jurors are required to have a college education or above. However, the requirements of academic qualifications alone can not satisfy the actual needs of jurors nor can they judge the logic ability of a person to analyze problems, especially when they encounter Due to its limited business conditions and the quality of the legal system, jury members find it difficult to grasp the facts and correctly analyze the evidence. As a result, the people39。s jury system is in a passive state. 2, the assessment mechanism of the people39。s jury is not sound enough. People39。s jurors shall enjoy the same rights as judges during the trial. Equally, the people39。s assessors should also have the same obligations as the judges. When they try the case, the law and discipline should also be handled according to the accountability of the lawbreakers and violators. However, judging from the current management of jurors, in particular, the trial judge is the first responsible person for the investigation of the wrong case, and the current law imposes no liability on jury membe
點擊復制文檔內(nèi)容
公司管理相關推薦
文庫吧 www.dybbs8.com
備案圖鄂ICP備17016276號-1