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09-05-2011, 11:41 AM
jury system is the study of jurisprudence fewer problems. However, the jury system of justice in system operation mechanism and the presence of value , and our jury system reform ideas are very worthy of thought and study.
one, West the evolution of the jury system
ancient Greece and Rome: the Western jury system bud bed
ancient Greece and Rome are considered the major Western culture birthplace. On the judicial system, the use of ancient Greece and Rome have been slave owners or free people's collective decision mode . For example, many city-states in ancient Greece country in Sparta and Athens are the most Representative of the two. Among them, the former use of aristocracy, which uses democracy form of government, but both are applicable in judicial activities
jurisdiction over Sparta at the time that the aristocracy are representative of Council of Elders meeting. By the 28-member Council of Elders. Members from over 60 years old nobility elected. When a major city in the case when the Council of Elders will be Thus, those who are in fact common ruling elite litigation on behalf of the judges.
Athens at the time jurisdiction over the Freedmen are formed by all the people in Congress. Local residents, litigation occurs when the General Assembly will convene to conduct the people rule. This mean that all the freedmen are judges. 6th century BC, during the famous Athens politics Solon led a series of reforms at home, its one of the measures was the establishment of jury courts. Associate Justice from at least 30 years old Athens citizens in the election, and then follow a certain order in turn to participate in trials. Each time the number of judges to participate in the jury trial the court about one-tenth of the total number of Associate Justice. Outcome of the trial judge by the jury vote. Vote to the ballot box is put in stone. This is probably the earliest Western jury system.
initial jurisdiction over Roman's also part of the public meeting. While those riots, and other major slave rebellion and killed Criminal Investigations by the temporary establishment of a specialized agency responsible for investigating the case, but the final decision power is still owned by the public meeting. 2nd century AD, Roman Republic States to establish criminal courts, judicial and administrative the separation of functions. However, this Court still has the public nature of collective responsibility, because judges are elected from the citizens, elections once a year, and each case must be 30 to 40 judges from the joint trial. This collective decision model to a certain extent, reflects the ancient slave-owners in Western countries is characterized by democracy, and a jury system which contains the ideological and cultural origins. In a sense, ancient Greece and ancient Rome is the Western jury system, However, the demise of the Roman Empire of ancient Greece and Rome makes the jury system, Later, the development of the Western jury system center will shift from Europe to the British Isles.
United Kingdom: Western jury system of nursery
the home of the British common law, and common law countries has been seen as the main territory of modern jury system. But the jury system is not born and raised in England, but by
1066, the Duke William of Normandy, led 5,000 cavalry, and soon through the English Channel to conquer England, the establishment of a unified English kingdom. Initially, the jury only for the rights related to the royal family of the lawsuits are only a witness and jury functions. Later, the jury for the trial of personal disputes, but its function is also expanding and changing.
1164, the Henry II's judicial reforms in its leadership in the promulgation of the historic significance of the In accordance with the provisions of the Act, Circuit Judge in the case of land disputes and major criminal cases should be looking for when 12 local residents about the merits of the jury. Jury duty to the court and the defendant's guilt under oath. 1166, Henry II re-enactment of 10 years after the The Act defined the functions of the jury, including allegations and participate in the trial, the jury then has a dual role, both the jury and the trial jury to prosecute.
1275, Edward I, issued the 1352,abercrombie ireland (http://www.abercrombie-ireland.net), Edward III, promulgated the decree setting up another jury. It consists of 12 local residents, whose function is to participate in the trial, to assist the judge found the facts and make a decision. Meanwhile, the Act also established that the original jury could not participate in the trial, prosecution is only responsible for investigations. The decree on the establishment of the jury and trial jury indicted the separation system. As the number of jury indicted 12 to 23 can be, while the number of jury trials is fixed at 12, the former is also known as the grand jury, which is also known as the petit jury. In criminal proceedings, both with distinct functions. Grand jury's role is to decide whether to prosecute, the petit jury's role is to assist the judge during the trial and the facts of the case made on the basis of whether a defendant guilty verdict.
grand jury in the United Kingdom have historically played a very important role, its functions, including criminal investigation, pre-trial and prosecution. But into the 19th century, as responsible for criminal investigation and prosecution agencies have emerged, so the only grand jury pre-trial functions. Early 20th century, justices of the peace and gradually took over the grand jury pre-trial functions, so the establishment of a large jury trial in the UK is decreasing. In 1948,ghd planchas (http://www.ghdplanchases.net), the grand jury completely out of the British judicial system in the stage of history.
the fate of the petit jury slightly better than the grand jury. It has not been thrown into the dustbin of history, but it's role in the trial shrinking. The current practice of the British judicial in a small jury trial cases less and less. However,tory burch outlet (http://www.toryburch-outlet.net/tory-burch-sandals-c-5.html), the British jury system like West's 17th century,mac cosmetics wholesale (http://www.maccosmeticsretail.net), the outward expansion of the British Empire, while in the jury system brought to the Americas, Asia, Australia and Africa, many countries, including China's Hong Kong. But in the majority of Mid-19th century, some of the
United States: the fertile soil of the Western jury system
17 century, British immigrants settled in North America, the jury system has brought to the colony's judicial system , but also the order of development with the United Kingdom Like, the first thing is the grand jury. In 1635, Massachusetts Bay Colony established the first grand jury in North America. In 1641, the Virginia colony also established a grand jury. Then, the other colonies also have established the grand jury system.
grand jury's role is to investigate allegations of crime and decide whether to submit the case to court. Grand jury composed of representatives from the local residents. The colony number of the provisions of the grand jury's composition varies, at least 5 people, up to 23 people. 18th century, the North American colonies and the British royal family interests between conflicts intensified. Grand jury as a representative of local residents, nature and the royal family in the trial on behalf of trying to fight to maintain colonial interests. Especially in the American War of Independence before the grand jury is often used against the people of British colonial domination. For example, in 1765's On the contrary, those who were pro-British faction grand jury to
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Aspect on the jury system


jury system aspect on

Horng Horng, Chinese people University Law School professor and doctoral tutor.

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