The Research On Japanese Lay Judge System And Its Reference

In May 2009, Japanese Lay Judge System implemented formally began. Japanese Lay Judge System is a system that people participate in a criminal trial , and determine the case , make guilty, innocent judgment with the judge, and if the judge sentenced for guilty what punishment should be. Japan brought in the referee system, it is by national participation in justice, let a sound social common sense can reflect to justice, which prompted the judicial democracy, enhance citizens to the essence of judicial understanding and trust. The Japanese Lay Judge System is one of the three pillars of judicial reputation in Japan, and it is a new initiative of the system. The author thinks that it is useful for us to perfect our People's Asseser System when we study the Japanese Lay Judge System.This paper is divided into four parts.The first part we will talk about the development of Japanese Lay Judge System. Japanese Lay Judge System 's development process may be divided into three stages: The first stage is the origin of the Japanese jury system. From sheered 2 years (1866) Japanese realized the referees system; after the Meiji the jury system pan's domestic has caused the constituent assembly of widely discussed. The second stage is the development of the jury system. From 1910 to 1920s, driven by the ruler, in 1923, Japan made the jury law which was made basic by the US. But for various reasons, the jury law was abandoned eventually in 1943. The third stage is the introduction of referees system. The referee system was made as the Japanese realized the form of national participation in justice. In May 2004 after the lay judge law was published, Japanese make full use of regulations of the equipment, manpower and the social environment of servicing, national understanding in 5 years. And finally, the lay judge law was used in May 2009.The second part we will focus on the content of the Japanese Lay Judge System. Mainly on nine aspects, one is the referee system applicable scope of cases, 2 it is the composition of collegial panel judges and referees, three is the authority, and the fourth is the umpire's qualification limit, five is the selection process, referees six is the umpire's obligations and dismissal, seven are in the program, referees trial is distinguish eight to nine is trial, the protection measures and referee disciplinary regulations.The third part emphatically expounds the influence of criminal justice after the Japanese brought in the Japanese Lay Judge System. In order to make the referees system worked, the Japanese try to implement investigation visualization. In the meanwhile, the referee implementation of system also will bring certain influence in the bail system. In the file《The basic principle of prosecutors》, there is a requirement that during the judgment the prosecutors'claims and evidence should be intelligible, quickly and accurately reflect the nature of the case, and the prosecutors should make preparation. The prosecutors also can make some useful way according to the development of the case. The Japanese Lay Judge System will make the influence in defense system, one is the lawyer system for the nation chose by the past, expanding the scope of the limited to expand to suspected criminal defendant. The second is the referee system implementation, and makes the lawyer pay more attention to court preparation and defend the plot trial. The most difference in the program of the judgment is the influence of environment changes, court pretrial finishing procedures are added, and trial filling.The fourth part we will try to explain what we will learn in the Japanese Lay Judge System after we have a whole understanding of it. One is making the law, the author thinks that, we can not only can learn the contents of the law but also learn from Japan and establishing legal timing in the referee after practicing. The second is to learn from the Japanese Lay Judge System,the selection, rights and obligations and protection sets consummates aspects and so on. Three is complete set system introduced before the court, and the evidence for some arrangement, establishing a series of start program, so as to ensure that the people's juror system can really implement to practice.