On The Jury System In China

Major : Procedural Law Field : Criminal Procedural Law Author: Wang Jingyuan Teacher: Hu Xiqing A system can be better and better or worse and worse, and sometimes it is abandoned by the history. But any system including the jury system could have no blot when it exists. The jury system means that the jurors and the judges try the case together. In China, the jury system had made some achievements, but now, its drawbacks are fully revealed, for example, some jurors are ignorant about the law, and their quality is not very high.Then, what can we do to the jury system? Should it be strengthened, annulled or be there some the third road? By researching its history and observing its present situation, I put forward my views.First, by introducing the history of the jury system, I analyse the reason of its building, developing and reforming. Second, I compare the American jury system with the French assess system. The third, by observing the present situation of the jury system in China, I prove that it take no more useful action at present. The fourth, I illustrate the contradictions in jury system: taking part in and supervising, judging by the law and by the common feelings, the imbalance of right and duty, the judges' loneliness and the jurors' bustling, and so on. Meanwhile, I assert that the ways to reform the jury system can not produce some effect. The fifth, I refute the views that the jury system have important values at present by demonstrating the judicial democracy and its justice. I point out that the system can not produce more values and it can not hold up the judicial corruption. At final, I sum up my views: the reformation and enforcement to the jury system can not make great progress, it should not be identified, it should be annulled.Of course, I don't deny all of the jury system, but I think, the value of the jury system is little and it is symbolic meaning, the reformation can not overcome its inner contradiction. The fulfillment of justice depends on the judges' quality and a country's being ruled by the law, i.e. whether everybody being equal with the law, and the law being the most important and powerful. Many country annulled the jury system can prove my view. By the way, the western countries as USA have made great progress in legal systems, but I think we can not imitate them without full consideration.