论民心与刑事陪审制度改革（On the popular feelings and the reform of Criminal Jury System）.doc

论民心与刑事陪审制度改革（On the popular feelings and the reform of Criminal Jury System） On the popular feelings and the reform of Criminal Jury System [source] Yunnan law, 2011 first [Abstract] without prejudice to the peoples minds, through judicial activities, the judicial protection of the interests of the broad masses of the people will be brought into play The role of law in regulating and regulating social life, and realizing the basic values of justice, efficiency and order of law, With the social recognition of the result of the trial, the establishment of law, faith and authority embodies the political effect of the judiciary and society The theory of effectiveness and law in punishing crimes and protecting the homogeneity among the people. Respect for the hearts of the people is inevitable It embodies the insistence on the effect of law and the adherence to social effects. People based thinking standpoint based on criminal judgment, From the popular feelings, the Chinese criminal jury system faces various difficulties in the process of rule of law, which is the new period The basic problem of the contradictions among the people and the reform of criminal justice. [Key words] popular feelings; criminal jury; criminal judgment; people based thinking [year of writing] 2011 [text] First, the peoples morale is the basic evaluation element of judicial impartiality (1) judicial reform centering on the peoples minds is an epochal proposition As Dworkin said, no state department is more important than the court, nor is it a Ministry of state. The doors will be as thoroughly misunderstood by citizens as courts do. [1] is an important defense to achieve social justice The purpose of Chinas rule of law construction is to serve the people as judicial. The tradition of statute law makes judicial attention to the implementation of laws and regulations The implementation, ignoring the common sense of justice, people do not attach importance to the judicial authority and justice Main