Problems Raised By The

System

Presented by Zhi Yongyi

OutlineSome problems inherent in the

British legal system

Some problems in the Chinese legal system

Problems in the English legal system

Out-dated traditions

e.g. the traditional dress in court of wig and gown worn by barristers

System elitistSome weak points of the jury

system

Wig and Gown

the wearing of wigs and gowns or other distinctive dress is archaic and outmoded and cannot be supported in present day society

results in an unnecessary and undesirable ceremonial and formal atmosphere in the courts. Such an atmosphere may operate to the disadvantage of witnesses

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System elitist

all branches of the profession are dominated by men from the middle and upper classes, often with a public school education, followed by university at Oxford or Cambridge.

the law is preserved and administered by people who are not in touch with problems found in the everyday lives of ordinary people

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Some weak points of the jury system

Uneducated jurors may not be able to follow a complex case

The chief criticisms of the jury are, first, that it is inefficient: and, second, that it is ineffective.

jurors are less likely to understand financial matters and therefore less able to appreciate the evidence in fraud trials.

they cannot understand scientific evidence.

The jury’s alleged incompetence it is feared that jurors, not being equipped with

research results on the unreliability of much evidence, are unable to assess the reliability of eyewitnesses.

critics perceive the majority of acquittals as jury errors, or the result of bribery or intimidation.

made by police and it strongly suggests that the police, who lay the charge and gather the evidence, are right in all cases

A jury may easily be swayed by a speech from a persuasive attorney

Lay jurors are unable to guarantee to an accused an impartial trial.

Stereotypes may play a role which can be further highlighted by media publicity before the trial.

Jurors may bring with them strong; prejudices which, far from canceling each other out, reinforce one another.

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Some problems in the Chinese legal system

People Assessor Jury in China （人民陪审制）

People Assessor Jury in China

a mixed court composed of a professional judge and two laymen.

the laymen and judge are of the same right and power, and they could all make judgment on any facts and application of law.

the distinction between the function and role of the judge and jury has vanished

procedural elements developed on the base of the distinction of law and facts no longer have any weight.

Disadvantageous Factors in Preserving People Assessor System

Supervisory function whether the assessor could really have any

supervisory effects on professional judge as expected commonly.

the assessor could really and truly perform as a judge, participating in all the procedure of trial.

assessors should keep their neutrality and could sway due to influence from the judge.

Pressure Relief

The people assessor system also could not be justified as a relief of pressure upon the judicial system.

the laymen, together with the judge, interpret law as well as judging facts.

compared with a court composed entirely of judge, this kind of mix court would not confront much less pressure.

Expert as Assessor or Witness those efforts to select experts as assessors form

various lines of society in order to resolve some disputes more properly still need further discussion.

Even these specialist or experts could keep neutral stance, question still might arise whether parties of the case believe their neutrality.

have these professionals as expert witness, receiving questioning from both sides, and opinions of them considered by the court.

Reference

http://www.lawlink.nsw.gov.au/lrc.nsf/pages/R31CHP10

http://www.lawinfochina.com/dispecontent.asp?ID=96&DB=4

http://www.iht.com/articles/2005/09/20/news/confess.php

Thank You For Listening!