On Jury System And Its Improvement Of China

The jury system is a kind of judicial system of state organ absorbing citizens to take part in the judgment of the criminal cases and the civil cases; it is an irreplaceable role to ascertain the judicial justice. For the difference of the litigation culture and litigation model, the present jury system in our country is filled of many problems in the judicial practice. Comparing the jury system of common law system and civil law system, the thesis analyzes the history and present conditions of the jury system in our country, and emphatically clarifies the value basis, development and perfection of the jury system in our nation.The first chapter is a general introduction of the jury system,it can be divided into two part:the first part mainly introduces the course of the change and development of the jury system of common law system,and' analyzes its advantages and disadvantages.First of all,it introduce the cradle of the jury system in Athens, the thesis gives a particular description of the original area of the modern jury system -British jury system and American jury system. Describing the course of the change and development of the jury system of common law system for hundred years.Secondly, the author summarizes some advantages: strengthening the independence of the judiciary and improving the citizens' confidence to the judiciary; remedy the shortage of the judges' knowledge; improving the concentration in the trial; enhancing the positivity in action of sue and plea; enhancing the establishment in evidence principles. At the same time, the thesis propounds the disadvantages in common law system from three aspects of choosing the jurors, professional quality of the jurors and jury leading to proceeding complex, the large cost.The second part...