Political Democracy And Judicial Democracy

Jury system in accordance with the law means the absorption of ordinary citizens taking part in the case with professional judges to exercise jurisdiction over a common system. The concept of the people's jury system would be translated into reality; it is a concentrated expression of separation of powers; it is a catalyst for the realization of judicial justice. In terms of the judicial practice in our country, inviting the NPC members to serve as deputies of jury trial is conducted by a lot of courts as a new way, meanwhile, civil servants, CPPCC members also become the jury in a large number of groups. The emergence of such a jury model, in practice, is the trend of people's jurors "elite".Jury mode, I believe, is still open to question. Member of NPC in his capacity as a special way relying on the special election, has the characteristics of people indirectly, public opinion, as well as the National People's Congress and its own constituency where the unit by monitoring the status quo. The way the jury made clears that deputies do not have the authority to exercise jurisdiction directly. Jury mode in the National People's Congress, NPC can not be set aside because of their status as ordinary members of the public to take part in the jury, then the jury by the NPC members will cause people to confuse the monitoring and supervision of the National People's Congress. Democratic supervision by people's deputies to direct the jury to replace the people's supervision, represented by deputies of the people is also greatly reduced in practice, and supervision has led to the original structure was destroyed, so that the jury set the judicial, legislative and oversight right in one is bound to be supervisors and supervisors keep identity transformation, so that the work of supervision and jury embarrassment. When losing the power of constraints, public authority or private sector into the privatization of people from the system will inevitably lead to corruption. When the trial and the right oversight body, the effective supervision of the power structure changes, at least leaving the system at risk of corruption. When the deputies, civil servants, government officials, the CPPCC members become the main force of the jurors, how to realize the civil nature of the jury systemThis article is from the view of sociology of law, through practical surveys. Taking NPC members as jurors in the jury model as an entry to explore the people of the identity of jurors of the importance of the civilian population to put forward to some consideration and suggestions about the appointment of civil juror. In addition to the introduction and conclusion, this article is divided into four parts.Firstly, the objective situation of NPC member jurors. It mainly introduces the people of our country's jury selection criteria for the practice of the people of the place a lot of jurors have absorbed the team a certain number of NPC deputies and CPPCC members, civil servants, such as a description of the phenomenon, demonstrated academic deputies about the people who serve on a jury Members of all parties to the opinion situation.Secondly, the analysis of the model about NPC member jurors. Mainly from the political and democratic functions of the jury system and judicial functions of both the Democratic point of view the feasibility of the model were demonstrated. The political function of the jury system is to create opportunities to enable people to participate in the judicial process, thereby enhancing the democratic character of the administration of justice. Court as a reason for the people deputies jury selection, the main considerations of the special identity of the National People's Congress to the administration of justice closer to the people. But in the current National People's Congress of the "representativeness" missing, the National People's Congress jury embodied in the desired mode of "public opinion" is also a corresponding loss of. Through the jury system, people can share the country judicial power, judicial power and the formation of checks and balances and oversight. People directly involved in the trial can be more broadly representative of the will of the people, to be effective in the prevention of judicial decision-making process of the subjective and arbitrary one-sided. Jury mode in the National People's Congress, the democratic supervision by the National People's Congress direct the jury to replace the people's supervision, they represent public opinion is also greatly reduced in practice, and supervision has led to the original structure was destroyed, so that the jury set the administration of justice , legislative and supervisory powers in one. It is bound to result in supervisors and the supervisor constantly identity transformation, so that the work of supervision and jury suffer from embarrassment.Thirdly, the jurors are precisely the essential identity. The identity of jurors is very important, because the original intention of the people's jury system is to civilians, the people and the people would be in line with the name and the substance of the jury. At present, the people around the selection of jurors there is a clear understanding and practice of the errors on the emergence of people's jurors "elite". This is in line with the original intention of the people's jury system are contradictory. Regardless of gender, occupation, educational level, social status and other conditions, as far as possible, attract participation of all sectors of the society in order to meet the fundamental value of the jury system.Finally, consideration and suggestions about the selection of jurors. The birth of the jury system and its development, which have been guided by this concept, as a non-full-time staff, look forward to the main judge the reasonableness of judgments. The essence of the people's jury system is that of insisting on these two words-the people. On the basis of "civilians" and insisting on the concept, I put forward some suggestions on how to select jurors.