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.
