Jury System's Construction In China's Death Penalty Case

As the most severe criminal punishment, the death penalty's suitable application is related to judicature's democracy as well as person's right to life. However, there are many flaws in the trial procedure legalization of the death penalty in our country. The jury system in countries such as UK and US and so on is regarded as fair, democracy, justice and freedom. The application of the jury system in the death penalty cases involving the rights to citizens' life,can ensure the accuracy of the application of the death penalty, embody the judicial democracy, protect the equality of the human rights and then assure the maximum restriction to the application of death penalty . From the cost of jury trials, the cultural ground, the system environment and foreign experience which can be used for reference, it can be drawn that the implementation of a jury trial in China's death adjudgement has its feasibilities. We should establish the jury system of in death penalty cases with Chinese characteristics on the basis of the foreign successful experience, the actual condition of our country and the particularity of the death penalty cases.Our country's system of jury trail to death penalty cases can be constructed from juror's qualifications and choosing, the jury's deliberation and voting, the appealing procedure and so on. In the juror qualifications aspect, we may consider that the population receiving higher education can hold at least half proportion. In the aspect of appraises in the jury, we can consider drawing on Russia "problem list system". In the aspect of votes in the jury, we suggest that our country adopt the principle of the majority vote in death penalty. In the aspect of the appeal procedure of the cases which are concluded in the jury, we suggest that we adopt "the appeal trial of civilians referee" mode in death penalty case in our country, allowing the jury's decision to be appealled and the appeal trial being still dominated by the jury.