“陪而不审”现象的实践透析
发布时间：2019-03-05 09:37
【摘要】：在我国,人民陪审员制度作为一项重要诉讼制度,一直是理论界和司法实务界关心的重大课题之一,2005年5月《关于完善人民陪审员制度的决定》的正式实施,更以立法形式奠定了人民陪审员制度在国家司法制度中的地位。然而陪审员“陪而不审、审而不议”现象的广泛存在,使该制度没能得到良好的运行。本文将观察视角从制度本身转移到导致制度运行不畅的现象入手,从实证的角度审视我国出现“陪而不审”现象的原因,并以求实的心态从中探讨如何减少该现象的发生,从而推动我国人民陪审员制度进一步完善,以求为人民陪审员制度的实践研究增量。 本文共分三大部分。第一部分分类呈现我国人民陪审员制度的运行现状。主要介绍目前我国人民陪审员制度在官方、新闻媒体以及笔者所在地区法院人民陪审员制度三方面呈现的运行现状。并从中窥探出目前“陪而不审”现象在我国人民陪审员制度运行过程中确实是普遍存在的。第二部分系统阐述“陪而不审”现象。通过介绍“陪而不审”现象的产生和表现形式,分析产生“陪而不审”现象的原因,并列举和分析目前社会各界解决“陪而不审”现象采取的各类对策。第三部分从完善人民陪审员制度入手破解“陪而不审”现象。从制度、实践以及管理三方面系统提出完善人民陪审员制度的方法,进而有效破解“陪而不审”现象。 本文以“陪而不审”现象为研究对象,通过对“陪而不审”现象的表现形式、产生的原因和破解途径等内容进行研究,最终达到完善人民陪审员制度这一目的。采用调查法和统计分析法对德阳两级法院目前陪审现状做调查研究,从中获取基础数据,在数据分析的基础上归纳推理出目前人民陪审员制度运行中存在的普遍问题；采用文献研究的方法对前人研究成果进行归纳总结,以此作为本文研究的逻辑起点；采用逻辑思维的方法在对文献资料和调查资料整理的基础上进行思维加工,探索出破解“陪而不审”现象的方法,希望能在前人努力的基础上,利用自己的知识积累和调查研究最终在完善人民陪审员制度问题上做出有益探索。
[Abstract]:In China, the people's jury system, as an important litigation system, has always been one of the major issues of concern to the theoretical and judicial practice circles. The formal implementation of the decision on perfecting the people's jury system in May 2005, It also establishes the position of the people's jury system in the national judicial system in the form of legislation. However, the widespread existence of the phenomenon of "accompany without trial, trial without discussing" makes the system not run well. This article transfers the observation angle from the system itself to the phenomenon that causes the system to run not smooth, examines the reason of "accompany without trial" phenomenon in our country from the positive point of view, and probes into how to reduce the occurrence of this phenomenon with the realistic mentality. So as to promote the further perfection of the people's jury system in our country, in order to be the increment of the practice research of the people's jury system. This paper is divided into three parts. The first part of the classification presents the operational status of the people's jury system in China. This paper mainly introduces the present situation of our country's people's jury system in three aspects: the official, the news media and the people's jury system of the district court in which the author works. At present, it is found that the phenomenon of "accompany without trial" is universal in the running process of the people's jury system in our country. The second part expounds the phenomenon of "accompany without trial" systematically. By introducing the appearance and manifestation of the phenomenon of "accompany without trial", this paper analyzes the causes of the phenomenon of "accompany without trial", and lists and analyzes the countermeasures adopted by all walks of life at present to solve the phenomenon of "accompany without trial". The third part begins with perfecting the system of people's jurors to solve the phenomenon of "accompany without trial". From the three aspects of system, practice and management, this paper puts forward the methods of perfecting the system of people's jurors, and then effectively solves the phenomenon of "accompany without trial". This paper takes the phenomenon of "accompany without trial" as the object of study, through the study of the manifestation of the phenomenon of "accompany without trial", the causes and ways of solving, etc., to achieve the purpose of perfecting the system of people's jurors. The present situation of jury in Deyang courts is investigated by means of investigation method and statistical analysis method, from which the basic data are obtained, and the common problems existing in the operation of the people's jury system are summed up and deduced on the basis of data analysis. Using the method of literature research to summarize the previous research results as the logical starting point of this paper; The logical thinking method is used to process the thinking on the basis of sorting out the literature and investigation materials, and to explore the way to solve the phenomenon of "accompany without trial", hoping to build on the basis of previous efforts. Making use of their own knowledge accumulation and investigation to make a useful exploration on perfecting the system of people's assessors.
【学位授予单位】：西南财经大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D926.2
本文编号：2434769
[Abstract]:In China, the people's jury system, as an important litigation system, has always been one of the major issues of concern to the theoretical and judicial practice circles. The formal implementation of the decision on perfecting the people's jury system in May 2005, It also establishes the position of the people's jury system in the national judicial system in the form of legislation. However, the widespread existence of the phenomenon of "accompany without trial, trial without discussing" makes the system not run well. This article transfers the observation angle from the system itself to the phenomenon that causes the system to run not smooth, examines the reason of "accompany without trial" phenomenon in our country from the positive point of view, and probes into how to reduce the occurrence of this phenomenon with the realistic mentality. So as to promote the further perfection of the people's jury system in our country, in order to be the increment of the practice research of the people's jury system. This paper is divided into three parts. The first part of the classification presents the operational status of the people's jury system in China. This paper mainly introduces the present situation of our country's people's jury system in three aspects: the official, the news media and the people's jury system of the district court in which the author works. At present, it is found that the phenomenon of "accompany without trial" is universal in the running process of the people's jury system in our country. The second part expounds the phenomenon of "accompany without trial" systematically. By introducing the appearance and manifestation of the phenomenon of "accompany without trial", this paper analyzes the causes of the phenomenon of "accompany without trial", and lists and analyzes the countermeasures adopted by all walks of life at present to solve the phenomenon of "accompany without trial". The third part begins with perfecting the system of people's jurors to solve the phenomenon of "accompany without trial". From the three aspects of system, practice and management, this paper puts forward the methods of perfecting the system of people's jurors, and then effectively solves the phenomenon of "accompany without trial". This paper takes the phenomenon of "accompany without trial" as the object of study, through the study of the manifestation of the phenomenon of "accompany without trial", the causes and ways of solving, etc., to achieve the purpose of perfecting the system of people's jurors. The present situation of jury in Deyang courts is investigated by means of investigation method and statistical analysis method, from which the basic data are obtained, and the common problems existing in the operation of the people's jury system are summed up and deduced on the basis of data analysis. Using the method of literature research to summarize the previous research results as the logical starting point of this paper; The logical thinking method is used to process the thinking on the basis of sorting out the literature and investigation materials, and to explore the way to solve the phenomenon of "accompany without trial", hoping to build on the basis of previous efforts. Making use of their own knowledge accumulation and investigation to make a useful exploration on perfecting the system of people's assessors.
【学位授予单位】：西南财经大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D926.2
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