The Study On Jury System In The Vision Of Constitutionalism

Foundation of the jury system in the west is quite deep, for our country, it is apure exotic no more than a hundred years, but the democracy, justice, freedom of jurysystem is always the construction of our constitutional and judicial reform. Thepeople assessor system is different from the jury system and the trial system ofassessors in the west. It played an important role in protecting the democracy andhuman rights, justice, the right to restrict. At the same time, it is a communicationbridge of the state and public opinion. Of course, the system of judicial practice inChina are still experiencing many problems that can not be avoided. I will intend todescribe the origins of the jury system and its implicit constitutional value from theconstitutional horizon. This paper is divided into seven parts, Part I introducts thereason for writing this paper,and Part VII of the conclusion is the outlook for thefuture of the jury system, the body of the whole paper will discourse:The chapter1,telling us the concept and origin of the jury system. Firstly, givingthe strict definition on the concept of the jury system. Secondly, Analysising thecharacteristics.Thirdly, exploring the origins of the jury system.The chapter2, throught of the analysis of the American jury system and Francein the trial system of assessors,I will expoud the value of jury system．The writerpoints that the value of jury system is to realize judicial democracy and judicialjustice，to prevent from favouring one more than another,to improve people’s judicialintense，and to improve people’s reliance injudicature．We should appeal to defendand perfectjury system．The chapter3, introducing the constitutional history and the social value of thejury system. Detailing the three stages of bud,establish, revitalization anddevelopment in China for revealling the social function and value of the jury systemof China.The chapter4, on the basis of my really experience, relying on the operationalstatus and defects of the people assessor system in China.Under the foundation of ourreality,I will cite several real examples and the latest data to demonstrate from the level of democracy, he right to restrict, the course of justice.The chapter5, at a new height, under the vision of the constitutionalism,I willpropose to improve the people’s jury system for some points.