Democratic Research Of The Jury System

Democracy is one meaning of the Constitution originally. Operation of democracy shows the operation of the Constitution. One of the most important ways to Constitutional system of democracy applied to justice is the jury system.Jury System is the inevitable product of history. When the jury system is opposite to democracy, it becomes the political tool of autocratic monarchy. When the jury system is consistent to democracy, it becomes a weapon for the people against tyranny. At present, to achieve the unity of the jury system and democracy is the call of the times. It can make up some of the inherent defects of the judicial system; also prevent occupational prejudice and abuse of power. At same time, it can be achieved the combination of citizen participation and representative, reflecting the integrity of democracy under the constitutional system.Jury model of our people was born in the new democratic period, 50's to glory. However, during the Cultural Revolution, the judicial system has been seriously affected. Ordinary people replace a full-time judge, trial separated of law fully dependent on public opinion, resulting serious distortion about the jury system. The 1982 constitution remove statement about the people's jury system. However, with economic development, political progress, the calls for democracy growing, jury system again began to be valued by the people. Jury System in unity of the rule of law and the people being the masters, the promotion of legal thinking, and enhance awareness of the law, establish the authority of the judiciary, democratic supervision, prevention of corruption has an important role.In order to achieve democratic values under the constitutional system, in 2004 the NPC Standing Committee adopted the "the decision about perfect people jury system". Although the "decision" has being put in practice, it did not bring significant democratic development in the field of justice. I think there are the following questions:1, It lacks of constitutional guarantees. Before 1982, several of Constitution of New China affirmed the jury system, the Constitution determines the democratic fact that people participate in the trial. However, due to the inefficiency of the jury system does not meet the requirement to carry out the Strike Hard; the people's jury system has been removed from the Constitution. Today, justice and democracy as the themes of justice, the jury system is necessary to write in the constitution.2, The lack of representation about people's jurors cannot correctly reflect the common will of ordinary people. First, the "decision" does not adopt election by "People's Court Organization Law", while use the way of appointment; secondly, the rule about the number of people's assessors in the "decision" will not conducive to the formation of representative.3, Diploma qualifications set too high. The vast majority is an important factor for people participating in the trial. It excludes many farmers and workers out of trial, when the"decision"asks post-secondary diploma.4, To set inadequate right for the people's jury is the key of ineffective participation. Ordinary people is not a legal expert, they should not be given the same permission as judges; Ordinary people could play a role of supervisor, through the jury in order to realize their right of democratic supervision.