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英国Paper代写:The Anglo-American jury system

2019-07-09 | 来源:51due教员组 | 类别:Paper代写范文

下面为大家整理一篇优秀的paper代写范文- The Anglo-American jury system,供大家参考学习,这篇论文讨论了英美陪审制度。陪审制度,指的就是通过陪审的方式进行法律审判。陪审制度是英美诉讼的重要组织形式和制度基础,它反映了英美诉讼制度的特性,是英美诉讼制度中最具有特色的法律制度之一。

Anglo-American jury system,英美陪审制度,论文代写,essay代写,paper代写

The jury system of Anglo-American legal system has an important legal significance and has a far-reaching influence on the judicial system. On the basis of analyzing the historical evolution of the Anglo-American jury system, the inherent value of the jury system is summarized and discussed so as to put forward Suggestions to improve the people's jury system by referring to the Anglo-American jury system.

"Without understanding the history of the law, we cannot understand the present of the law." That's a famous quote from holmes the elder. From the day of the birth of justice, people are always seeking a more fair, just and just trial method, reflecting the principle of judicial equality, thus acting as an authoritative role recognized by the public to resolve social contradictions. Therefore, western jury system came into being. Jury system in simple terms is that: the country judicial organ for jury officer through absorb non-professional judges and non-professional judges or jurors to participate in the trials of criminal and civil cases of judicial system, it is the embodiment of a modern democracy people to participate in a common manifestation of judicial activities, is an effective form of prevention of judicial corruption, let the jury and judge the separation of powers, is the effective way to promote judicial democracy and justice. Jury system is an important organizational form and institutional basis of Anglo-American litigation, which reflects the characteristics of the Anglo-American litigation system and is one of the most distinctive legal systems in the Anglo-American litigation system. As early as the 6th century BC, Athens in ancient Greece and ancient Rome era of people court is planted the seeds of jury system, is human to pursue judicial democracy, justice and create a kind of legal system, is the strongest vitality in the history, the oldest of the judicial system, is one of the world has a long history in the history of the development of the legal system of the judicial system.

Jury system seems to be very simple on the surface, refers to the jury way to the legal trial. However, it is still brilliant after nearly a thousand years of development. It must have a profound connotation, which cannot be explained by such a simple definition.

The original meaning of the word was oath. Jury has not only the right of witness but also the right to invoke the testimony of others and to hear the case. For the general witness, the oath has the function of guaranteeing the truth of the testimony, and for the juror, it has the significance of guaranteeing the fairness and selflessness of the case, which are deeply and closely related to the customs, national traditions, religious beliefs and so on in western countries.

The origin of jury system has always been controversial, but most scholars believe that the present jury system is born in the land of Britain. Many traditional historians insist that the jury system in Britain is originated from the Germanic system in the middle ages through Germanic individual system. Heinrich Brunner in 1872 in his masterpiece "the origin of the jury system" for the first time pointed out that is not derived from the Germanic, jury system and the ancient Greek and Roman also does not have the too big, but from frank royal information inquiry system, and then some jurists through the duchy of Normandy law sets cling to Normandy in 1066 before no frank royal information inquiry system, so the more negative it bring the system to the UK, believe that this is nonsense.

During the establishment and development of the jury system in Britain, it was first introduced into Britain as an administrative system, and then it was determined as a judicial system after several generations of changes.

In 1164, Henry ii issued the clarrington charter, which stipulated that circuit judges should find 12 local residents familiar with the case to serve as jurors in major criminal and land cases. He also issued the clariington edict in 1166, stipulating that the following cases must be charged by jurors: murder, robbery, forgery, concealment, etc. In 1176, Henry ii issued the northampton pardon, which included the crimes of suffering, arson and treason in the royal court's jurisdiction. 1215 was an important year for the jury system. On June 15, 1215, a rebellion occurred in England. The rebels forced the king to sign the magna carta. The magna carta provides for the method of jury indictment, and it also says that no free man should be arrested, imprisoned, deprived of permanent land rights or freedoms. The rules state that in the UK a jury is charged and a jury is tried, a so-called separation of two juries or juries. When the fourth Lateran religious conference was held in 1215 and Pope inouson iii announced the abolition of the divine judgment law, it became natural that the jury system should replace the divine judgment law. Of course, the jury system to replace the divine judgment system encountered great resistance at the beginning, but it was only after Henry iii and after that the jury system was stabilized and accepted. By the time Edward I's jury system was recognized and affirmed on paper, Edward iii required at least a dozen people who met the standards of the jury to investigate the suspects and seal the documents. By Edward iii, the prosecution jury was further perfected, and he required the magistrates to ensure that the indictment had a toothed gap, and that both the magistrates and the indicted jurors held one copy, to prevent the case from being concealed. Edward iii in 1342, in order to prevent malicious prosecution and revenge against imperial edicts must pass the jury prosecution or other prosecution way to held the suspect, in 1368 through the common law rules no through legal procedure shall not be forced to rejoin, by this time the jury system and quite mature and perfect.

The main value of western jury system to our country is that it has great reference significance to our country jury system. The jury system has an irreplaceable advancement. If China wants to achieve real judicial justice, judicial democracy and judicial independence, it must implement the jury system. Only the internship jury system can lead to the progress of China's justice and the perfection of the law. However, China's jury system is known to be extremely imperfect, accompanied without trial, with numerous scale disease. However, jury system is an inevitable trend, and is the embodiment of civilization. The value of jury system to Chinese judicature is embodied in the following aspects:

Jury system is beneficial to the establishment of judicial supervision system. It is said in administrative law that rights always swell, and that any right, if unchecked, will erode the very fabric of our democratic rights. So we insist on the independence of judicature, and since we insist on the independence of judicature, we must establish a whole set of system with it, so jury system arises naturally.

Jury system is conducive to the realization of judicial openness. Because jurors are made up of the general public, they have removed the veil of judicial mystery through the trial and judgment of cases.

Jury system is conducive to the realization of judicial independence. In general, the independence of judicature is seriously threatened due to the influence of various factors in judicial operation. At this time, jury system plays a very good role in protection.

Jury system helps to make up for the lack of justice and make the judgment result more objective and just. Since most of the jurors come from the civil society, they have a better understanding of society and local customs and practices.

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