On The Innovation Of The People’s Jury System Of Our Country

The people’s jury system has experienced a tortuous process of development in ourcountry, moreover it is a system of disputed. First of all, the people’s jury system is the citizenparticipation of state power, reflects a kind of effective form of judicial democracy. Insafeguarding judicial justice, improving judicial authority, and it plays an important role inpromoting legal education aspect. Secondly, the people’s jury system in practice but alsohighlights some problems. For example, no constitutional basis for our people jury system,accompany without trial, trial and does not discuss phenomenon, part of the people’s jury isnot competent for jury service, the trial of the case scope is not clear, the mechanism ofmanagement and security system is not perfect and so on. These lead to the people’s jurysystem not used up very well. The reason is that the people’s jury system of our country is notperfect in the legislation and the system aspect. But we can not deny the people’s jury system.The eleventh session of the Standing Committee in August28,2004Tenth National People’sCongress passed the "decision of the Standing Committee of the National People’s Congresson improving the people’s jury system". It affirmed the people’s jury system’s value in the legallevel. In October23,2014Chinese eighteenth CPC Central Committee fourth plenary sessionthrough "the Central Committee of the Communist Party decided on comprehensivelypromoting the several important problems of ruling the country by law". Which explicitly putforward the "perfect the people’s jury system, safeguard the citizen the right to a jury trial,expand the scope of the assessor, perfect random way, improving the people’s jury systemcredibility. Gradually implement the people’s jury not to hear the problem of applicable law,only to participate in trials for ascertaining the facts."Therefore, the innovation of the peoplejury system of our country is very necessary. This article from the historical study andcomparison method, carries on the thorough analysis to the innovation of the people jurysystem of our country. This paper consists of five parts. The first part describes the historicalinvestigation of the people’s jury system and the abolition. The second part, analysis the valueand function of people’s jury system, including political values and judicial values. The thirdpart of the combination of China’s current legal provisions and the actual situation, analysis of people’s jury system has the realistic problems, and put forward the necessity of improving thepeople’s jury system. The fourth part compares foreign jury system, draw the place to learn. Inthe last part, put forward specific ideas for the innovation of the people’s jury system of ourcountry.