论我国民事陪审制度的完善
发布时间：2019-04-03 17:02
【摘要】：陪审制度,是指国家审判机关吸收非职业法官参加民事、刑事案件审判的制度。陪审制度从其起源到发展至今,已有数百年历史,现在仍被包括我国在内的世界各个国家所使用。陪审制度在英美法系国家称为陪审团,大陆法系国家称为参审制,虽然它们在名称,陪审员的地位等方面不同,但其都是各个国家民主的一种体现,而且在一定程度上对司法权起到监督的作用。我国的陪审制度称为人民陪审制度,源于大陆法系国家的参审制,但又不完全与参审制相同,其中根据我国的国情,政治,经济,文化等方面做出了相应的变化,可以说我国的人民陪审制度是我国的陪审制度,是具有中国特色的陪审制度。 本文主要论述的是我国民事陪审制度,在文章的第一部分,主要介绍了民事陪审制度的含义和价值,列举了两大法系关于陪审制度的含义、起源等相关内容,然后进一步介绍民事陪审制度的价值,为下文做了一些理论内容的铺垫。第二部分阐述了两大法系民事陪审制度以及对我国的借鉴意义,主要介绍了英美法系中具有代表性的国家英国和美国的民事陪审制度,在大陆法系国家中,介绍了法国和德国,之后又介绍了其中有利于我国借鉴的地方。第三部分对我国的民事陪审制度展开了论述。首先论述了我国人民陪审制度的立法现状以及在司法实践中的现状,通过对现状的阐述,提出了我国人民陪审制度在适用民事纠纷中所存在的问题。存在着陪审制度适用范围不明确,人民陪审员的资格条件不明确,选任条件和选任程序形式化,人民陪审员在诉讼中权利,义务,责任不明确。这些问题的存在,是人民陪审制度在实践中,没有达到其制度设置之初所要达到的目的。“陪而不审”,“审而不评”,“评而不议”现象仍然存在,有的地方甚至根据法官的喜好挑选陪审员,不仅滥用司法权利,在群众中也造成了相当不好的影响。最后一部分则先论述了我国理论界关于民事陪审制度的存废之争,有废除说,保留说,改善完善说。然后又论述了由于我国现阶段的国家社会状况,民事陪审制度的存在有其必要性,最后根据文中第三部分司法实践中存在的问题,逐一做出解决。
[Abstract]:Jury system, refers to the national judicial organs to absorb non-professional judges to participate in civil, criminal trial system. From its origin to the present, jury system has a history of hundreds of years, and is still used by many countries in the world, including our country. Jury system is known as jury in common law countries and civil law countries. Although they have different names and jurors' status, they are all a kind of embodiment of democracy in various countries, and the jury system is called jury system in common law countries and civil law countries, and the jury system is called jury system in common law countries and civil law countries. And to a certain extent, the judicial power plays a supervisory role. The jury system of our country is called the people's jury system, which originates from the system of participation in civil law countries, but it is not exactly the same as the system of participation in the trial. According to the national conditions of our country, politics, economy, culture and so on, the jury system of our country has made corresponding changes. It can be said that our country's people's jury system is our country's jury system, has the Chinese characteristic jury system. This article mainly discusses the civil jury system in our country. In the first part of the article, it mainly introduces the meaning and value of the civil jury system, enumerates the meaning and origin of the jury system in the two legal systems, and so on. Then further introduce the value of the civil jury system, for the following do some theoretical content of the groundwork. The second part expounds the civil jury system of the two legal systems and the reference significance to our country, mainly introduces the civil jury system of the representative countries in the Anglo-American law system, the civil jury system of Britain and the United States in the civil law system countries, introduces France and Germany in the continental law system countries, and introduces the civil jury system of Britain and the United States. Then it introduces the place which is helpful for our country to use for reference. The third part discusses the civil jury system of our country. Firstly, this paper discusses the legislative status of the people's jury system in our country and the present situation in the judicial practice. Through the elaboration of the present situation, this paper puts forward the problems existing in the application of the people's jury system in the application of civil disputes in our country. The scope of application of jury system is not clear, the qualification conditions of people's jurors are not clear, the selection conditions and selection procedures are formalized, and the rights, obligations and responsibilities of people's jurors in litigation are not clear. The existence of these problems is the people's jury system in practice, did not achieve its system to achieve at the beginning of the purpose. The phenomena of "accompany without trial", "trial without evaluation" and "evaluation without discussing" still exist, and some places even select jurors according to the preferences of judges, which not only abuse judicial power, but also cause quite a bad influence among the masses. The last part first discusses the dispute about the existence or abolishment of the civil jury system in the theory circle of our country, there is the theory of abolishment, the theory of reservation, the theory of improvement and perfection. Then it discusses the necessity of the existence of the civil jury system because of the present state of our country. Finally, according to the problems existing in the third part of the paper, it solves the problems one by one.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.2
本文编号：2453379
[Abstract]:Jury system, refers to the national judicial organs to absorb non-professional judges to participate in civil, criminal trial system. From its origin to the present, jury system has a history of hundreds of years, and is still used by many countries in the world, including our country. Jury system is known as jury in common law countries and civil law countries. Although they have different names and jurors' status, they are all a kind of embodiment of democracy in various countries, and the jury system is called jury system in common law countries and civil law countries, and the jury system is called jury system in common law countries and civil law countries. And to a certain extent, the judicial power plays a supervisory role. The jury system of our country is called the people's jury system, which originates from the system of participation in civil law countries, but it is not exactly the same as the system of participation in the trial. According to the national conditions of our country, politics, economy, culture and so on, the jury system of our country has made corresponding changes. It can be said that our country's people's jury system is our country's jury system, has the Chinese characteristic jury system. This article mainly discusses the civil jury system in our country. In the first part of the article, it mainly introduces the meaning and value of the civil jury system, enumerates the meaning and origin of the jury system in the two legal systems, and so on. Then further introduce the value of the civil jury system, for the following do some theoretical content of the groundwork. The second part expounds the civil jury system of the two legal systems and the reference significance to our country, mainly introduces the civil jury system of the representative countries in the Anglo-American law system, the civil jury system of Britain and the United States in the civil law system countries, introduces France and Germany in the continental law system countries, and introduces the civil jury system of Britain and the United States. Then it introduces the place which is helpful for our country to use for reference. The third part discusses the civil jury system of our country. Firstly, this paper discusses the legislative status of the people's jury system in our country and the present situation in the judicial practice. Through the elaboration of the present situation, this paper puts forward the problems existing in the application of the people's jury system in the application of civil disputes in our country. The scope of application of jury system is not clear, the qualification conditions of people's jurors are not clear, the selection conditions and selection procedures are formalized, and the rights, obligations and responsibilities of people's jurors in litigation are not clear. The existence of these problems is the people's jury system in practice, did not achieve its system to achieve at the beginning of the purpose. The phenomena of "accompany without trial", "trial without evaluation" and "evaluation without discussing" still exist, and some places even select jurors according to the preferences of judges, which not only abuse judicial power, but also cause quite a bad influence among the masses. The last part first discusses the dispute about the existence or abolishment of the civil jury system in the theory circle of our country, there is the theory of abolishment, the theory of reservation, the theory of improvement and perfection. Then it discusses the necessity of the existence of the civil jury system because of the present state of our country. Finally, according to the problems existing in the third part of the paper, it solves the problems one by one.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.2
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