On the Exclusionary System in the New Criminal Procedure Law as the Angle of View of Illegal Evidence
|Keywords||Jury system Jury Judicial assessor Civil action|
People’s juror system is refers to the absorption of the general public to participate in the trial, the trial process, introduced the notions of good and evil, people enhance the morality of trial system, is an important component of trial system in China. Is helpful to realize judicial democracy, justice, guarantee judicial independence and integrity, improve the substantive justice, the democracy, the rule of law, judicial openness, as well as to determine the case facts the franco-prussian education etc is of great significance. Current situation of the people’s jury system in our country is, however, in the actual formations, problems still exist in the process, in order to improve the system of people’s assessors, the paper analyzes the present situation of the jury system, contrast the American jury system, combined with the operation of the people’s jury system in our country, to the discussion of the reform of the people’s jury system, proposes a set of feasible reform in our country, in order to realize judicial justice and democracy, the rule of law.Judicial democratization is the common pursuit of the universal value of judicial system. Jury as a great invention and an important symbol to democratization played a tremendous role in the process which the ordinary citizens against the autocratic monarchy. The jury system after The Bourgeois Revolution was retained which as a national symbol of civilization of rule of law, and was constantly learning and absorbing. In its long history of the development and evolution, the jury system was of formed in Europe and America legal system as the representative of the jury system and in the continental law as the representative of the expert assessor system.However our country executes the people’s jury system which hold both characteristic and is fundamentally different from both.The jury system for the progress made a great contribution to human civilization, but in today, with the development of jury system the flaw in jury also exposes undoubted. How to treat these defects and deal with these problems becomes the focus of the scholars all over the world. This article, which is based on history as well as the characteristics of the jury system, will discuss deficiencies injury system and put forward some advices to perfect jury system in china.