L'évolution historique de l'introduction des jurys populaires au Japon du XIXe au XXe siècle en tant que véhicule de l'autonomisation des citoyens

Abstract : Starting from 1858, Japan has been through three big changes of its legal system that led it to its current jury system. The first one started in 1858, after the Meiji Restoration, when the concepts of human rights and the European jurisprudence were introduced in the country. A special jury was created at the time for two trials only, but it was never put back in place. The second change happened after the Allied Occupation following World War II, at a time where the Japanese society became more democratic, and the legal system tried, after various miscarriages of justice were discovered, to make the trials more open to the general public, albeit without achieving it. The last change happened during the explosion of the speculative bubble and during the « lost decade » going from 1990 to 2000, thanks to a reform of the judicial system brought on by the government, which ended up in the "saiban-in seido" system, in other words to the current jury system in Japan. This thesis has for objective to explore those three periods and to analyze how the different reforms managed to prevail or if they failed instead, as to understand the origins of the jury system in Japan through the years but also to comprehend how this system can have an impact on its citizens and their empowerment towards the society they live in.
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Master Thesis
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Cecilia Bonicalzi. L'évolution historique de l'introduction des jurys populaires au Japon du XIXe au XXe siècle en tant que véhicule de l'autonomisation des citoyens. Droit. 2018. ⟨dumas-01926418⟩

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