Research On The Construction Of The Juty System In Criminal Trial Of Our Country

Primitive society gradually disintegrated because of emergence of the countriesand widening gap between the rich and poor, more and fiercer in class struggle, asa symbol of power-jurisdiction has been mentioned repeatedly. Jurisdiction becominga feudal right whatever it firstly belongs to the citizens then to god and form god backto the citizens from the civilization of ancient Greek to the process in seventeenthCentury. With the completion of the bourgeois revolution, jurisdiction ultimatelybelongs to state power that establishment by the Bourgeoisie. At the same time, inprocess of the jurisdiction‘s battle, each part of jurisdiction and itself haschanging constantly which provide excellent soil for the jurisdictional evolutionand reform of The UK and Europe and supply nutrition for establish and perfectthe jury system in British. At recent years, whatever utilize or not, Jury trial began toinvestigate in criminal justice gradually, it can be proved the value of the jury system.China as a country aiming to establish civilization and democracy should selectjudicial system basis on the national situation and absorb world experience.In recent years, Western scholars through the study of the jury system found thatit is not a good practice for guaranteeing human rights and protect rule of law,therefore they proposed an idea that jury system should be utilize prudentially.Western countries are also trying to maintain basic spirit of rule of law, which isinevitable development of the legal system which it is beginning to improve when asystem has been found shortcomings. Some scholars believe that the jury systemshould be abolished because of its effect was minimal in our country at a long time.There are series of problems plaguing criminal justice of China such as How toreform our criminal trial? The jury system retains or waste? The jury system issuitable for China? It should be noted that the jury system has not fundamentally work,which is institutional failure, that means it can not be Implementation for rely onChina jury system to protect the purposes of impartial and independent of criminaltrial, therefore that is no reason for exist. In addition, Spain and Russia’s judicial reforms to restart the jury trial system, indicating that the vitality of the jury system inthe world still beyond doubt, and part of China’s provinces are trying to reform jurytrial which effect also obvious, it can be said that these factors have provided theconditions for establishment of jury system. From proposes of experience of the trialon jury system from western, this paper is divided into four parts to discuss how toestablish jury system in China.The first part is discussing basis theory of the jury system in criminal trials. Weneed to discuss deeply and thorough about system because it is the source ofgeneration and development. Due to the historical development of the jury systemwith a long time, thus form and content of the jury system is quite different atdifferent times and community. Therefore，the basis theory that introduce in the firstpart are just some of the produce and development of the jury which have a hugeimpact rather than pay attention to everything concerned.The second part points out that there exists two different system in the worldwithin the scope of the jury system, one is the Anglo-American jury trial system;Another is the continental law system such as France and Germany as the assessorsystem, in order to demonstrate direction of development of current world criminaltrial and Value concept through analysis of two kinds of system. Meanwhile, analysesCanadian jury system, this arrangement is to clarify the same jury system based ondifferent countries shows different characteristics, then explained when we constructsystem in the same foundation and idea but also should consider the national actual.The third part points out that jury system in our country’s Criminal trial should to berebuilding because there are a lot of criticism. This part gave supports to thelegitimacy construction of why we should rebuild jury system.The fourth part points out that the concrete construction of China’s criminal trialin jury system including the shape of initial and development. The initial morphologypropose that in parts of China suit for jury system and make narrow provisions inscope of application andQualification of jurors; Development patterns focus on enhancement of variousaspects and expand the scope of various content. Finally points out that jury system parallel with some supporting system to ensuring the purpose of criminal justice.