| At present, People's Assessor System actually exists in name only in most areas in China. Though existing, it is only used as a method to promote the working efficiency of the court, reducing the occupation .of professional judges. The attitudes in relative domestic academic circles towards this situation are quite different from each other, among which the "abolishment promoters" and the "reservation promoters " just stick to their own versions and cannot agree with each other.It is stressed out in the thesis that as for different countries, when facing the same or similar problems in theory or practice perspective, the usual way to inspire thought or even to solve the problems should be learning from other countries' ways of thinking and methods of deal ing. with such kind of problems. The proposal, here, will be stressed out as the basis of the methodology through out the thesis.France is a'typical country, which belongs to the continental law system. After more than 200 years' reformation, the mixed jury System in France is now showing its greater and greater vitality and affecting the "Lay Participation System" in many other counties through out the world. It is proposed in the thesis that the French pattern of the Mixed Jury System may served as a fine and appropriate original version for the reformation of China's Jury System.There are four parts in the thesis.In the first part of the thesis, the bringing in of the Jury System in France is introduced. Then the reason why the bringing in of the Jury System in France failed is analyzed. In the year 1789, France brought in the Jury System. At that time, the bringing in of the Jury System had got double significance in the eyes of French enlightenment thinkers and jurists: political significance andjudicatory significance. However, the operation of the Jury System didn't achieve its expected results. Instead, the crime rate in France at that time rose sharply and the public order deteriorated day by day due to the carrying out of the Jury System. Consequently, the government was overwhelmed by great pressure from all social circles and the political situation nearly collapsed. Then the accusing jury and the judging jury declined by certain degree. Why did the bringing in of the Jury System in France fail? Through the analysis of a great deal of relative historical document, the writer finds out that there are three main causes leading to the failure:(1) Fanaticism caused by extreme rationalism.The reformers lacked sober cognition and calm analysis about the Jury System.(2) The exclusionism in different procedural culture.The social environment in France is deficient in the cultural soil appropriate for the development of the Jury System.(3) The chaos both domestic and abroad.The chaos both domestic and abroad caused alienation in the Jury System. Then its fame was affected which led to the final subversion of Jury System.In the second part, the transformation from Jury System to Mixed Jury System in France is briefly introduced. Although the attempt of France's bringing in of the English pattern of Jury System didn't achieve its expected effect, the French government didn't abolish the system completely. Instead, they tried to adapt it according to their own situation so that a "native characterized" jury system? Mixed Jury System was established. Judge from the historical perspective about "the transformation from Jury System to Mixed Jury System, we may find out the difference among judicature system supported by different cultures. What's more, we should ruminate on the result caused by the fierce collision between the brought in law system and native culture.In the third part, the actual operation and working procedure of the French Mixed Jury System is introduced in great detail, which consist of the major important part of the thesis. At present, most native scholars are inclined to show favor in Jury System while criticizing the Mixed Jury System. Therefore, the actual operation and working procedures of the French Mixed... |
