Research On The Reform And Improvement Of People's Jury System In Our Country

Jury system as a judicial system in China has a history of several decades, however, since this system has been transplanted to China can be said to be ill-fated. With China's growing enthusiasm for the democratic participation of citizens rising, People's Jury System is more and more concerned by Public. The Legislature may also continuously improve the relevant legislation; On May 1, 2005 the Department introduced the first single on the People's Jury System of legal documents.——"With regard to the decision of improving the people jury system". This allows people in the jury system in the judicial practice have certain operational. However, due to inadequate legislation and the judicial system it defects and other reasons, its function has not really play. In the application process there are many problems, even in theory and practice of justice sector, the necessity of its existence has also had a lot of controversy. But just as everything has two sides the same, China's People's Jury System operation has shown the shortcomings which can not be viewed in isolation, nor can thus reject it. People's Jury System function and value lies in the pursuit of justice and the protection of the democracy. This is the principle of our Constitution, "all power belongs to the people."The concrete manifestation is the promotion of judicial integrity, strengthen judicial supervision, to maintain judicial independence and reduce the need for legal costs. It is with the development of China-specific legal suit. This article through to jury system, in domestic and foreign usable conditions as well as this system practices questions and so on question which and reason in our country exists carries on the analysis, proposes some people jury system consummation and the reform basic principle and the suggestion. This article altogether divides into four parts besides the introduction.Through the first part of our jury system and the common law, civil law countries representative empirical analysis of trial by jury to prove that the trial jury system for the world in the number of cases decreased, but the play the role and value is enormous, and its development trend is "bad and undefeated."The second part is that People's jury system has many problems and the reasons. Mainly reflected in: the jury does not produce standard; jurors less liquid; "presenting without trial" phenomenon still exists; Jury range of uncertainty; the people's jury system, inadequate management oversight and other issues, while also the above problems arise because a brief analysis.The third part is the abolition of the jury system in the Debate. This section of the scholars on the jury system of our people of the three doctrines of dialectical analysis, to clarify why I agree "reform and improve said." At the same time the use of dialectical analysis to explain people jury system in our irreplaceable role and existence.The fourth part is our jury system reform and improvement of the basic principles and recommendations. The basic principles: first, we must ensure that the procedural justice of the jury system; Second, we must give full consideration to the jury as a judicial justice is a symbol of democracy and the political significance; Third, Substantive participation in the system to protect jurors is from hearing the case.; Fourth, This system needs with our country lawsuit pattern, the legal tradition and so on Interco ordination to coordinate mutually. The reform and improvement recommendations are that: The first is to establish the constitutional status of the people of the jury system; The second is to develop special "people's assessors Law"; The third is to establish people's assessors of the assessment, monitoring, and reward and punishment system; The forth is clear the people of our jury system scope; The finally is deepen reform and improve the appraisal method.