2014•Xiandai faxueRequires access

Thinking on the Path of Enhancing Credibility of Criminal Justice:The Future of People's Jury System

QI Wen-yua

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Abstract

China has started a new round of judicial reform,which will improve judicial independence. However,criminal justice is different from civil justice and administrative justice. It is impossible for judicial independence to eliminate the root causes of corruption in the judiciary,and it is difficult to significantly reduce the incidence of unjust,false or wrong cases. Judicial independence can't change the situation of judicial opacity and narrow the distance between judgment and public opinion about justice. Therefore,it is difficult for judicial independence to significantly increase the credibility of criminal justice. Enhancing the credibility of criminal justice depends on judicial democracy. The people's jury system stresses on the symbolism but look down actual results. Due to jurors only accompanyno trial,the people's jury system did not play their proper functions. Therefore,the people's jury system must be reformed. The jury system is more conducive to improving the credibility of criminal justice,and should be the right direction of China's experiment.

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What this paper is about

China has started a new round of judicial reform,which will improve judicial independence. However,criminal justice is different from civil justice and administrative justice. It is impossible for judicial independence to eliminate the root causes of corruption in the judiciary,and it is difficult to significantly reduce the incidence of unjust,false or wrong cases. Judicial independence can't change the situation of judicial opacity and narrow the distance between judgment and public opinion about justice. Therefore,it is difficult for judicial independence to significantly increase the credibility of criminal justice. Enhancing the credibility of criminal justice depends on judicial democracy. The people's jury system stresses on the symbolism but look down actual results. Due to jurors only accompanyno trial,the people's jury system did not play their proper functions. Therefore,the people's jury system must be reformed. The jury system is more conducive to improving the credibility of criminal justice,and should be the right direction of China's experiment.

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Available abstract

China has started a new round of judicial reform,which will improve judicial independence. However,criminal justice is different from civil justice and administrative justice. It is impossible for judicial independence to eliminate the root causes of corruption in the judiciary,and it is difficult to significantly reduce the incidence of unjust,false or wrong cases. Judicial independence can't change the situation of judicial opacity and narrow the distance between judgment and public opinion about justice. Therefore,it is difficult for judicial independence to significantly increase the credibility of criminal justice. Enhancing the credibility of criminal justice depends on judicial democracy. The people's jury system stresses on the symbolism but look down actual results. Due to jurors only accompanyno trial,the people's jury system did not play their proper functions. Therefore,the people's jury system must be reformed. The jury system is more conducive to improving the credibility of criminal justice,and should be the right direction of China's experiment.

Key concepts: Jury, Law, Economic Justice, Political science, Credibility, Judicial independence, Jury trial, Criminal justice

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