论陪审制度
发布时间：2018-08-19 09:40
【摘要】： 本文通过对陪审理念的渗透，试图洞悉陪审的价值所在；通过比较陪审团制和参审制的优劣之所在，试图寻找我国陪审制度的构建定位。在论证陪审团制更能实现陪审的基本价值后，提出在我国建构陪审团制，并对其可行性进行了论证。然后在参考国外较为成熟的陪审团制的运作后，建构了我国的陪审团制并阐述了陪审团制对于我国司法改革的促进作用。 本论文的基本观点如下： 1．陪审团制较参审制能更大程度实现陪审的基本价值——司法民主、维护司法公正； 2．我国应保留陪审制，但宜以陪审团制取代人民陪审员制； 3．在建构我国的陪审团制时，应结合我国实际情况而为之。 本论文共分五章，简要内容如下： 第一章．引论——陪审制之概念及价值。本章从“陪审”的词义及陪审制的运作机制来阐述陪审制概念。认为陪审制就是非法官人员或由其组成的团体和法官一起没有分工或有所分工地审理案件以实现司法民主、维护司法公正的法律制度。同时指出，陪审的价值在于保障司法民主，维护司法公正。 第二章．西方陪审制度。本章通过探寻西方陪审制的缘起、西方主要国家陪审制的现状，对西方国家中陪审制的两大表现形式——陪审团制和参审制进行分析比较，提出陪审团制优于参审制的观点。 第三章．我国陪审制度。本章追溯我国陪审制的发生、发展，洞察我国人民陪审员制的现状，提出应对我国现有陪审制进行改革。在对上一章分析比较的基础上，主张废除人民陪审员制，建构陪审团制，，并对其可行性进行了分析。 第四章．我国陪审团制度之建构。在参照国外陪审团制运作的基础上，本章建构了我国的陪审团制。认为陪审团制的内容主要包括：1)．陪审团制 应入宪，并规定民众有权选择是否接受陪审团的审判；2)．陪审员的资格确 认。资格确认既要体现陪审员的广泛性，又要保证陪审员的可陪审能力；3)． 审判程序中的陪审团。首先选任陪审员组成陪审团，当事人选任陪审员享 有有理由和无理由要求候选陪审员回避，当事人无理由回避要求权的行使 次数有限制。陪审团在封闭场所秘密裁判案件，对刑事案件的裁判，陪审 团应一致通过，对民事案件的裁判，可多数一致通过。 第五章．陪审团制度与我国司法改革。本章根据陪审团审判的运作机 制，论证了陪审团制的建立将促进我国诉讼模式、证据制度、法官制度、 审判组织、审判独立、司法公丌等方面的改革。
[Abstract]:This paper tries to understand the value of jury system through the penetration of jury concept, and tries to find the orientation of the construction of jury system in our country by comparing the advantages and disadvantages of jury system and jury system. After demonstrating that jury system can realize the basic value of jury system, this paper puts forward the construction of jury system in our country, and proves its feasibility. Then, after referring to the operation of the jury system abroad, the author constructs the jury system in our country and expounds the role of the jury system in promoting the judicial reform in our country. The basic viewpoints of this thesis are as follows: 1. The jury system can realize the basic value of jury to a greater extent than the system of participation in trial-judicial democracy and maintain judicial justice; 2.The jury system should be retained in our country, but the jury system should replace the people's jury system; 3. In constructing the jury system in China, we should combine it with the actual situation of our country. This thesis is divided into five chapters. The contents are as follows: chapter one: introduction-the concept and value of jury system. This chapter expounds the concept of jury system from the meaning of jury and the operating mechanism of jury system. It is believed that the jury system is a legal system in which non-judges or groups formed by them have no division of labor or division of labor to try cases in order to realize judicial democracy and maintain judicial justice. At the same time, it points out that the value of jury lies in safeguarding judicial democracy and safeguarding judicial justice. Chapter two: Western jury system. By exploring the origin of the western jury system and the present situation of the jury system in the main western countries, this chapter analyzes and compares the two main forms of jury system in the western countries-jury system and the joint-trial system, and puts forward the viewpoint that the jury system is superior to the joint-trial system. Chapter III. Jury system in China. This chapter traces the occurrence and development of the jury system in China, insight into the present situation of the people's jury system in our country, and puts forward that we should reform the present jury system in our country. On the basis of the analysis and comparison of the previous chapter, the author advocates the abolition of the people's jury system and the construction of the jury system, and analyzes its feasibility. Chapter four: the construction of jury system in China. On the basis of reference to the operation of foreign jury system, this chapter constructs the jury system in our country. Holding that the contents of the jury system mainly include: 1). The jury system should be included in the Constitution. It also stipulates that the public shall have the right to choose whether to stand trial by jury. Qualification confirmation should not only embody the universality of jurors, but also guarantee jurors' assessable ability. First of all, jurors are selected to form a jury, and the parties who select jurors have reason and no reason to ask candidates to withdraw from the jury. There are limits on the number of times the parties may exercise their right to challenge without reason. In the closed place, the jury shall pass the judgment of the criminal case by consensus, and the judgment of the civil case by the majority. Chapter five: jury system and Judicial Reform in China. According to the operating machine system of jury trial, this chapter demonstrates that the establishment of jury system will promote the litigation mode and evidence system in our country. The reform of the system of judges, the organization of trial, the independence of the trial and the administration of justice.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2002
【分类号】：D916
本文编号：2191279
[Abstract]:This paper tries to understand the value of jury system through the penetration of jury concept, and tries to find the orientation of the construction of jury system in our country by comparing the advantages and disadvantages of jury system and jury system. After demonstrating that jury system can realize the basic value of jury system, this paper puts forward the construction of jury system in our country, and proves its feasibility. Then, after referring to the operation of the jury system abroad, the author constructs the jury system in our country and expounds the role of the jury system in promoting the judicial reform in our country. The basic viewpoints of this thesis are as follows: 1. The jury system can realize the basic value of jury to a greater extent than the system of participation in trial-judicial democracy and maintain judicial justice; 2.The jury system should be retained in our country, but the jury system should replace the people's jury system; 3. In constructing the jury system in China, we should combine it with the actual situation of our country. This thesis is divided into five chapters. The contents are as follows: chapter one: introduction-the concept and value of jury system. This chapter expounds the concept of jury system from the meaning of jury and the operating mechanism of jury system. It is believed that the jury system is a legal system in which non-judges or groups formed by them have no division of labor or division of labor to try cases in order to realize judicial democracy and maintain judicial justice. At the same time, it points out that the value of jury lies in safeguarding judicial democracy and safeguarding judicial justice. Chapter two: Western jury system. By exploring the origin of the western jury system and the present situation of the jury system in the main western countries, this chapter analyzes and compares the two main forms of jury system in the western countries-jury system and the joint-trial system, and puts forward the viewpoint that the jury system is superior to the joint-trial system. Chapter III. Jury system in China. This chapter traces the occurrence and development of the jury system in China, insight into the present situation of the people's jury system in our country, and puts forward that we should reform the present jury system in our country. On the basis of the analysis and comparison of the previous chapter, the author advocates the abolition of the people's jury system and the construction of the jury system, and analyzes its feasibility. Chapter four: the construction of jury system in China. On the basis of reference to the operation of foreign jury system, this chapter constructs the jury system in our country. Holding that the contents of the jury system mainly include: 1). The jury system should be included in the Constitution. It also stipulates that the public shall have the right to choose whether to stand trial by jury. Qualification confirmation should not only embody the universality of jurors, but also guarantee jurors' assessable ability. First of all, jurors are selected to form a jury, and the parties who select jurors have reason and no reason to ask candidates to withdraw from the jury. There are limits on the number of times the parties may exercise their right to challenge without reason. In the closed place, the jury shall pass the judgment of the criminal case by consensus, and the judgment of the civil case by the majority. Chapter five: jury system and Judicial Reform in China. According to the operating machine system of jury trial, this chapter demonstrates that the establishment of jury system will promote the litigation mode and evidence system in our country. The reform of the system of judges, the organization of trial, the independence of the trial and the administration of justice.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2002
【分类号】：D916
【引证文献】
相关博士学位论文 前1条
1 郭光东;陪审团的历史与价值[D];华东政法学院;2004年
相关硕士学位论文 前2条
1 吴斯;人民陪审制度的困境与出路[D];西南政法大学;2011年
2 徐越峰;论我国人民陪审员制度的重构[D];华东政法学院;2006年
本文编号：2191279
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