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The British jury system

2018-10-19 来源: 51due教员组 类别: Paper范文

下面为大家整理一篇优秀的paper代写范文- The British jury system,供大家参考学习,这篇论文讨论了英国陪审团制度。陪审团制度起源于古希腊和古罗马,是在古代审判制度的基础上发展起来的一项诉讼制度。从世界范围内看,英国陪审团制度是确立最早且又比较完善的,是陪审制度中最具代表性的。英国陪审团制度经历了几百年的历程,并影响着欧洲的陪审制度,有其独特的优势。陪审团制度是保障个人政治自由和民主权利的重要手段,另外还可以弥补法官的缺陷。

British jury system,英国陪审团制度,essay代写,paper代写,作业代写

Historically, jury system has been widely adopted as a symbol of democracy, because it allows ordinary citizens to participate in the judicial process, and is considered as an important means to guarantee individual political freedom and democratic rights. Therefore, in the early stage, almost all preliminary trials and civil cases can require the jury to attend the trial. However, the modern jury system formed and began to be applied in the field of justice in Britain, so it is generally believed that Britain is the birthplace of the modern jury system.

The English jury system was not indigenous, but transplanted from frank. The jury system was formally established in England in 1166. It stipulates that a criminal case must be brought before the court by a dozen jurors who are familiar with the situation and prove the crime. This is called an indictment jury, a grand jury. Because the same group of people charged with and convicted of a crime could easily put the accused in jeopardy, in 1352 Britain banned the prosecution of juries from participating in trials, requiring another 12-person jury to be tried in person. This is what is usually called a small jury. Two juries appeared in England: the grand jury charged, and decided whether to indict the suspect; the trial was decided by a small jury.

The jury system in England, which has gone through centuries and influenced the jury system in Europe, must have its unique advantages.

First, the jury system is an important means to guarantee individual political freedom and democratic rights. Tocqueville observes, "the practice of jury system, in which the people themselves, or at least some of the citizens, are elevated to the status of judges, is in effect a jury system, in which the power to lead society is placed in the hands of the people or some of the citizens." The establishment of jury system enables the people to become the executors of power, guarantee their sharing of judicial power, and further restrict the power of judges. Second, the jury system can compensate for the flaws of judges. The judge's long-term trial activity will make it form the inertial legal thinking and easy to cause the error of judgment. As a result, the collective judgment of randomly selected jurors is more reliable than that of professional judges alone.

Everything has its two sides, and so does the jury system. One of the main disadvantages of the jury system is that it is too slow and stiff, increasing the cost of litigation. With the advent of the "big bang", the shortcoming of juries is that they cost more money and time than ordinary trials. The second is the uncertainty of the trial. Jurors from the public may lack the necessary knowledge to make abnormal decisions, and they may be swayed by public opinion or personal feelings, which may easily lead to unfair decisions.

Due to the differences in legal culture, concept and system, the two systems are completely different in structure. The main differences are as follows: first, China's modern jury system originated in the late qing dynasty, which is similar to the civil law system. The British jury system originated from frank and has its own innovation, and later developed into the core of the jury system in the Anglo-American law system, and has a profound influence in the Anglo-American region. Secondly, there is a clear division of functions between juries and judges in the UK. Jurors usually have only the function of identifying facts. The application of law is the function of professional judges. However, there is no clear division of functions between the people's assessors and judges in our country. In the trial process, the jurors and the judge should not only identify facts but also apply the law. Finally, the number of jurors varies. The number of people's jurors in our country is generally one to six, while the number of juries in England is usually twelve.

The people's juror system in our country is actually developed on the basis of the trial practice of the former Soviet union. In the revolutionary base areas and the liberated areas of the shaanxi-gansu-ningxia border region, the government at that time stipulated the way for people's jurors to participate in the trial of cases and made them enjoy equal rights with judges, which is the prototype of the people's jury system in China. However, China's people's jury system did not play its expected role in practice, on the contrary, it caused people's jurors to fall into the awkward situation of "accompanied but not judged, agreed but not discussed". Therefore, through the analysis of the British jury system, I think the people's jury system needs to be improved in the following aspects:

Currently, the decision of the standing committee of the National People's Congress on improving the system of people's jurors stipulates the general conditions for people's jurors, that is, to have a college degree or above. This educational requirement undoubtedly excludes some people. However, from the perspective of jury system, it focuses on the conscience of jurors rather than knowledge. Therefore, it should lower the educational requirements of people's jurors, that is, to achieve the basic cultural level and moral quality without committing a felony. This will ensure the wide and representative source of people's jurors.

The legal provisions on the scope of application of cases by Chinese people's jurors are too broad, which gives the court too much discretion and easily leads to the abuse of practice. Therefore, regardless of the influence of the case, the litigation parties should be given the right of choice to apply the jury system, but the final decision should be made by the judicial committee of the people's court, which can avoid the judges' negative work.

At present, the people's jurors hold the dual functions of fact-finding and law application. However, due to the lack of professional knowledge, it is difficult for people's assessors to reach the legal knowledge and quality of professional judges even if they have been trained beforehand. Therefore, people's assessors should not spend too much time in the application of the law, but only let them use their own professional quality or moral quality to identify facts.

After hundreds of years of development and reform, the British jury system has formed a relatively perfect system. The jury system not only reflects the perfection of the British judicial system, but also reflects the degree of democratization of its citizens. On the contrary, China's people's juror system is built on the experience of foreign countries and lacks the social soil such as freedom and autonomy spirit needed by jury system. Therefore, the perfection of the people's jury system needs to refer to the British jury system and combine with China's actual situation.

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