法搜网--中国法律信息搜索网
娉曞緥淇℃伅 | 娉曞緥鏂伴椈 | 妗堜緥 | 绮惧搧鏂囩珷 | 鍒戜簨娉曞緥 | 姘戜簨娉曞緥 | 缁忔祹娉曞緥 | 琛屾斂娉曞緥 | 璇夎娉曞緥 | 鍚堛€€銆€鍚� | 妗堜緥绮鹃€� | 娉曞緥鏂囦功 | 鍚堝悓鑼冩湰 | 娉曞緥甯歌瘑 | 鍙歌€冮搴� | 
娉曞緥鍥句功 | 璇夎鎸囧崡 | 甯哥敤娉曡 | 娉曞緥瀹炲姟 | 娉曞緥閲婁箟 | 娉曞緥闂瓟 | 娉曡瑙h | 瑁佸垽鏂囦功 | 瀹硶绫� | 姘戝晢娉曠被 | 琛屾斂娉曠被 | 缁忔祹娉曠被 | 鍒戞硶绫� | 绀句細娉曠被 | 妗堜緥瓒嬪娍 | 銆€銆€銆€銆€
刑事诉讼的比较研究(从一个角度)

刑事诉讼的比较研究(从一个角度)


刑事诉讼的比较研究(从一个角度)


李辉


【关键词】Lay elements
【全文】
   Lay elements in Criminal justice system in UK , US and China
  As the division of administrative power, legislative power and jurisdiction, jurisdiction usually be regarded as negative(which means not positive , initiated by others) , the last defence of social justice .Judge or justice ,who considered the representative of impartial justice ,controlling the criminal justice process. It , of course ,the main aspect of criminal justice , but considering some other respects ,lay elements has been playing an important role in criminal justice system . In the article, a comparison or introduction to the lay elements in UK, US and China will be made .First , the particular justice , magistrate in UK will be introduced .Second, a comparison of jury between UK and US will be made .In the end in this essay ,I would summarize the lay elements in China and say something about it.
  As the increase of incidence of crime, justice may get head pain in UK,as justices around the world .However, magistrate ,or Justice of the Peace ,JP in UK relieve the pressure of Justice . In UK, a magistrate’s court is presided over by lay magistrate, who are unpaid, sit part time .They can get advices on matters of law from a legally qualified clerk .They usually sit as a bench of three and have the equal power with stipendiary magistrate.
  Magistrates are appointed by local panels which include experienced magistrates ,under the jurisdiction and direction of the lord chancellor. Though the magistrates have to undergo introductory and continuing training by the legally qualified clerk, they are not legally qualified. What is the purpose or special value to establish the system ,or what role it has played in criminal justice ? Simply answer it as below . Firstly , magistrates can check the criminal cases by themselves independently ,otherwise ,too much power leaved in the hands of professionals and experts is most likely lead to corruption and partial , the very significant thing is that ,people who are mot expert cannot even control it . There is a saying :”Absolute power leads to absolute corruption.”So , magistrates ,in respect of social justice, are necessary .In another aspect, as the incidence of criminal cases increasing , three Es ,that is economy, efficiency and effectiveness ,ask for dealing with the crowded cases quickly and efficiently .So magistrate can also help reduce the crowded cases .Magistrates themselves clearly valve their independence and value their assets in making the criminal control system work .In Roman law ,law was regarded as an art ,JPs also consider sentencing is more akin to an art than a task for experts .However ,some criticism come out as for JPs are not legally trained.They say sentencing is vital ,but in essence just carried out by those amateurs .Even full time professionals can not deal with some complicated cases ,how can these magistrates sentence them correctly?But not all the cases sentenced in magistrate’s court and some are then passed to the Crown Court .Other cases may be heard by different courts because one or other party has appealed against the decision of the first court .In a statistical data ,there were 30,374 lay magistrate in 550 petty sessional divisions in England and wales .On 1 January 1997.So magistrate will not disappear in the future we can see because of its particular value.


第 [1] [2] [3] [4] 页 共[5]页
上面法规内容为部分内容,如果要查看全文请点击此处:查看全文
【发表评论】 【互动社区】
 
相关文章




娉曞緥淇℃伅 | 娉曞緥鏂伴椈 | 妗堜緥 | 绮惧搧鏂囩珷 | 鍒戜簨娉曞緥 | 姘戜簨娉曞緥 | 缁忔祹娉曞緥 | 琛屾斂娉曞緥 | 璇夎娉曞緥 | 鍚堝悓 | 妗堜緥绮鹃€� | 娉曞緥鏂囦功 | 鍚堝悓鑼冩湰 | 娉曞緥甯歌瘑 | 
娉曞緥鍥句功 | 璇夎鎸囧崡 | 甯哥敤娉曡 | 娉曞緥瀹炲姟 | 娉曞緥閲婁箟 | 娉曞緥闂瓟 | 娉曡瑙h | 瑁佸垽鏂囦功 | 瀹硶绫� | 姘戝晢娉曠被 | 琛屾斂娉曠被 | 缁忔祹娉曠被 | 鍒戞硶绫� | 绀句細娉曠被 | 銆€銆€銆€銆€