North University Law Review - Volume 8, Issue 1 (2007)

Author: None
Publisher:
Publish Date: 2007-01-01
Features: This issue of "Reviews" includes three sections: "Theme Symposium," "Papers," and "Reviews." The People's is a participatory adjudication system with Chinese characteristics. Whether in its historical evolution or practical operation, it differs from both the jury system of the common law system and the lay judge system of the civil law system. In China, its formation and development have fluctuated with the political and judicial conditions of the time. Over the past two decades, China's legal system has gradually moved onto the right track, but the People's, as a judicial system, has been declining. The "Decision of the Standing Committee of the National People's Congress on the People's System" in 2004 is largely equivalent to a "Law on People's," and the People's, as part of judicial reform, seems to be gaining new vitality. However, "law in action" has always existed in contrast to "law on the books," and the reality will not easily improve with a mere piece of legislation. So, how does this system actually operate in practice? This question not only has practical value in resolving disputes but also holds significant theoretical importance.