Question 2: What is a juror? How to produce it? What are the responsibilities? (1) People's jurors refer to citizens who are responsible for understanding and handling the facts of cases in court trials.
(2) A citizen who meets the requirements of being a people's juror may be recommended to the basic people's court by the unit or grass-roots organization where his household registration is located, or he may apply himself, and the basic people's court shall examine him jointly with the judicial administrative organ of the people's congress at the same level. The president of the basic people's court shall propose candidates for people's jurors and submit them to the Standing Committee of the people's congress at the same level for appointment.
Conditions:
decision of the standing committee of the national people's congress on improving the people's jury system
Article 4 A citizen serving as a people's juror shall meet the following conditions:
(a) support the constitution of People's Republic of China (PRC);
(2) At least 23 years old;
(3) Good conduct, fairness and decency;
(4) being in good health.
As a people's juror, you should generally have a college degree or above.
Article 5 Members of the Standing Committee of the People's Congress, staff members of people's courts, people's procuratorates, public security organs, state security organs and judicial administrative organs, practicing lawyers and other personnel shall not serve as people's jurors.
Article 6 The following persons shall not serve as people's jurors:
(1) Having received criminal punishment for committing a crime;
(2) Being expelled from public office.
(3) Responsibilities: Participate in trial activities according to law, that is, review case materials, participate in case investigation, participate in case trial and participate in case evaluation.
Question 3: What do people's jurors do? People's jurors are appointed by people's courts at all levels according to the Decision of the Standing Committee of the National People's Congress on Improving the People's Jury System, which is a judicial system with China characteristics.
People's jurors shall perform the following duties:
(a) review the materials of the jury trial;
(2) Participating in case investigation;
(three) to participate in the collegial panel to hear or mediate cases;
(4) Participating in case review. When people's jurors perform their duties in the people's courts, the provisions of the relevant procedural law on withdrawal shall apply.
When performing their duties, people's jurors shall abide by the discipline of trial work and keep secrets.
Question 4: What is a juror? What right do you have? What kind of requirements? This is a collegiate system in China's judicial system to prevent judges from bending the law.
Question 5: What is a juror? The role of jurors is similar to that of foreign juries. People's jurors enjoy the same rights and obligations as judges in handling cases.
However, people's jurors do not need to pass the judicial examination, the appointment is not as complicated as jurors, the academic qualifications are not as high as judges, and wages are not paid in the people's courts.
People's jurors also do not participate in the execution of cases. People's jurors do not handle cases alone and do not serve as presiding judges in ordinary procedures.
Question 6: What role do jurors play in American courts? The jury system is a legal system with a long history. In the trial procedure, the main duty of the jury elected from citizens is to identify legal facts, and then the judge will make a ruling according to relevant laws. At present, this system is mainly used in the United States, Britain and Hong Kong.
The history of jury system
The jury system originated in ancient Greece 400 BC. At that time, 20 1 civil jurors and 50 1 criminal jurors were selected by lottery from more than 6,000 citizens. Imagine that hundreds of people get together to discuss this case. I believe the judges at that time must have a headache. Slowly, the jury system spread in other European countries with the infiltration of culture and the hands of conquerors, and gradually improved in the process.
The jury system was introduced to Britain in 1066, and became a part of English law during the reign of Edward I of England in England. At this time, it is unfortunate to be a juror. On the one hand, if you can't make a judgment quickly, you will be threatened with being cut off from food and water supply. On the other hand, if the king finds that the judgment is improper, you may have your property confiscated and be imprisoned. Subsequently, the jury system spread to many British colonies.
When the British set foot on the American continent, the jury system was introduced and took root. Today, the United States has become the most distinctive and mature country in the world.
Jury system in America
There are two main types of juries in the United States: one is called grand jury, which appears in the prosecution procedure and usually consists of 23 citizens in the area where the case is located. Its duty is to decide whether it is necessary to file a lawsuit; The jury we often see in film and television literature works appears in the trial process, which is also commonly known as the small jury, usually composed of 12 citizens in the area where the case is located. Its duty is to decide whether the defendant in a criminal case is guilty or not and whether the defendant in a civil case is infringing.
American federal courts and state courts have certain requirements for jury qualification. Generally speaking, jurors must be American citizens, aged 18, able to communicate in English, and have no felony record. Jurors in state courts must also be residents of their own state. In addition, the court has no restrictions on the education level, social status and legal knowledge of jurors.
When selecting jurors, each court will determine an original list that can cover more than 80% of the population in the area according to the voter registration list and the driver's license holder list, then eliminate those who are not qualified as jurors, and then randomly select a number of jurors from the remaining list. When a group of candidates are numbered and sent to court, the judge will interrogate the candidates to find out their background and determine whether they can be fair in the trial process. Candidates can also put forward reasons to the judge that they are not suitable to serve as jurors, and they can withdraw after the judge agrees. In many courts, lawyers can ask questions to candidates after the judge. Then, the plaintiff's and defendant's lawyers can alternately exercise their veto power and remove the candidates they think may be unfavorable to their clients from the jury. Under different circumstances, the number of times a lawyer exercises the veto power is limited. After the lawyers of both sides exercise the veto, the judge will determine 12 jurors and several alternate jurors according to the number of candidates who have not been rejected. When some jurors fail to perform their duties as jurors, they will be replaced by alternate jurors.
During the trial, the jury knows the facts of the case through the lawyers' questions to the witnesses, and the judge will control the lawyers' questioning process, pointing out which evidence is illegally obtained and which testimony is not credible in court, so as to remind the jury not to use it. After all witnesses testify in court, the jury will review the plaintiff's claim in a separate courtroom and form a verdict. In general criminal and civil cases, at least nine jurors need to reach an agreement to form a verdict. In major criminal cases such as murder, 12 jurors need to reach a unanimous verdict. If the number of people does not meet the requirements, a verdict cannot be reached, and the jury needs to continue deliberation until a verdict is reached. Sometimes, after a long discussion, the jury is still unable to adjust its differences and make a verdict. Such a jury is called a "deadlock jury". At this time, the defendant can directly request the judge to be acquitted, and the plaintiff can also request a retrial of the case.
If the jury finds him not guilty, then the defendant can't be prosecuted again for the same crime. This is the so-called "double jeopardy" principle in American law. If the jury finds the defendant guilty, the judge will usually judge the defendant according to the law, including >>
Question 7: Rights and obligations of people's jurors During the performance of their duties in the people's courts, people's jurors are members of the collegiate bench who participate in the trial and enjoy the same rights as members of the collegiate bench. People's jurors enjoy the following rights:
(1) Access all files and participate in case investigation and verification;
(2) Participate in the trial of the case. During the trial, you can ask the parties, witnesses and expert witnesses to check all the facts and evidence;
(3) to participate in the collegial panel to review cases. In the review, put forward their own opinions on finding out the facts of the case and handling the situation, and sign the review record and judgment, and be jointly and severally liable for the judgment;
(4) People's jurors have the right to participate in the training of relevant legal knowledge and trial business knowledge, and the court shall provide convenience and necessary conditions for people's jurors to participate in the study and training;
(5) Other rights as prescribed by law.
People's jurors shall have the following obligations:
(1) Abide by the law, conscientiously implement the law and act in accordance with the law;
(2) to study and publicize the law;
(3) Attend the jury on time. After receiving the notice from the court, if it is unable to perform its duties in the court as scheduled for some reason, it shall promptly notify the court and explain the reasons;
(4) Strictly observe state secrets and trial secrets. Shall not disclose the contents and results of the case being tried by the judicial Committee and the deliberation and discussion of the collegial panel; Keep state secrets, personal privacy and business secrets involved in the case.
Question 8: Who are the jurors in the people's court? The people's courts at all levels set up a people's jury work guidance group to guide the management of people's jurors. The management of people's jurors includes the personnel management of people's jurors and the daily management of people's jurors participating in trial activities. Personnel management of people's jurors shall be the responsibility of the political work department of the people's court. The political work department shall set up a non-permanent institution or designate a person to be responsible for the personnel management of the people's jurors. The daily management of people's jurors' participation in trial activities shall be determined by the people's court according to the actual situation.
Question 9: Is there any difference between a juror and a judge? In the trial of specific cases, the authority is the same.
Question 10: What is a juror? How to produce it? What are the responsibilities? (1) People's jurors refer to citizens who are responsible for understanding and handling the facts of cases in court trials.
(2) A citizen who meets the requirements of being a people's juror may be recommended to the basic people's court by the unit or grass-roots organization where his household registration is located, or he may apply himself, and the basic people's court shall examine him jointly with the judicial administrative organ of the people's congress at the same level. The president of the basic people's court shall propose candidates for people's jurors and submit them to the Standing Committee of the people's congress at the same level for appointment.
Conditions:
decision of the standing committee of the national people's congress on improving the people's jury system
Article 4 A citizen serving as a people's juror shall meet the following conditions:
(a) support the constitution of People's Republic of China (PRC);
(2) At least 23 years old;
(3) Good conduct, fairness and decency;
(4) being in good health.
As a people's juror, you should generally have a college degree or above.
Article 5 Members of the Standing Committee of the People's Congress, staff members of people's courts, people's procuratorates, public security organs, state security organs and judicial administrative organs, practicing lawyers and other personnel shall not serve as people's jurors.
Article 6 The following persons shall not serve as people's jurors:
(1) Having received criminal punishment for committing a crime;
(2) Being expelled from public office.
(3) Responsibilities: Participate in trial activities according to law, that is, review case materials, participate in case investigation, participate in case trial and participate in case evaluation.