The Reform And Improvement Of People’s Jury System

People’s jury system has been running for many years in our country.The goal of the system establishment is to achieve democratic justice,to improve public participation in the administration of justice,and to supervise and restrict the judges and finally to achieve the fair judicial.But,in the trial practice,the effect of the jury system is not ideal,the phenomenon like “ in not hear’ “hear and not discuss’ often occurred.We need to make up a people’s collegial panel so that can make full use of the function of people’s jurors,and which also can reduce the current pressure of “case more,people less’.Regarding to this problem,practitioners and theorists have been in the exploration.Various reform suggestions have been raised up.In the party’s eighteen session of the Third and Fourth Plenary Session,improving the people’s jury system,broadening the channels of the people involved in the administration of justice,and increasing public confidence in the people’s jury system have been proposed.On April 1,2015,the 11 th Session of the Central Leading Group for deepening the reform comprehensively considered and adopted the "people’s jury system reform pilot program." On April 24,2015,the Supreme Court,Ministry of Justice(2015)No.100 issued a "people’s jury system reform pilot program." From the content of reform,it relates to narrow the right of the people’s jurors and tp make some changes in competence assessor mechanism.It should be said that this change in the pilot reform,has definite progress.But,in order to make full use of the most essential value of people’s jurors-to achieve democratic justice,to enhance the credibility of justice,it must make people’s assessors independently face to the public.Throughout the world,some of the most successful countries in the jury system,the jury system can fully play its role on the premise that their legal status must be positioned accurately and independently.Being with the same rights or shared power with the judge,people’s jurors’ opinions necessarily more or less subject to the judge.If this can not be changed,the reform will do not reach the desired results.Based on this pilot reform opportunity,this paper raises some questions that would have existed in the pilot reform.In order to make it fully play its democratic judicial effect,our people’s jury system need to be rebuilt by the method of downgrading the legal status and further narrowing the right of people’s jurors.The article is divided into four parts:The first part,it is brief introduction the origin of the Jury System and the contents of the Two Jury System.There are various opinions about the Origin of the jury system,and till today no conclusion,but the fact that modern jury system was originated in UK is indisputable.Under the influence of British colonial policy and cultural exports,much of the worlds,actively or passively migrate the jury system.Combined with the basic situation of their own countries,and gradually formed two different jury systems based on common law and civil law.That is the jury system and the assessor system.The second part focuses on the historical evolution and current situation of our people Jury System.This section is to introduce the established historical circumstances,change and development of our people jury system,focusing on the legislative situation of the People ’s Jury System after the founding.At the same time,it sorts out the basic value and contents of our People’s Jury System,describes the major issues since the establishment of people’s jury system,and briefly analyzes the causes of problems.These problems make the running of the people’s jury system quite difficult.Only through improvement and reformation,the system can make a renewed vitality and play its due role.Third part,it is about the evaluation of the pilot reform on the jury system made by the the Supreme People’s Court.The reform was done from seven aspects,which had definite progress.Reform has been nearly a year.This year,by changing the way of the jury selection,the pilot courts have narrowed down the right of the people’s jurors,which have achieved certain.However,through the analysis of the effectiveness of the reform,many problems can still be found.Such as multiple powers,incomplete indication,dependent opinion,unopened suggestions still exist.The fourth part,it is mainly about the necessity,programs and existing obstacles of rebuilding our people’s jury system,which is also the most important part of this article.First,Since the reform and improvement of the jury system has experienced a number of Theoretical and practice,it has formed a certain consensus.In the context of reform,the rebuilding of the jury system will encounter obstacles both from theory lack and institutional defects.Secondly,it is about the question of how to reconstruct.Compared the Two jury system,combined with our current legal environment,learning mode jury system in Korea is relatively feasible.On the one hand,downgrade the legal status of people’s jurors and narrow down its right on fact-founding;on the other hand,people’s jurors fully participate in court cases,and have to express their opinions on the facts of the case.Their opinions shall be entered judgment document.Their opinions should be used to comparison with the fact that ruled by the judge.And be examined by the public.Thus,it can strengthen the sense of responsibility of people’s jurors,enhance public understanding and identity to the jury system,improve public confidence in the jury system,and realize the proper value of the human jury system.Of course,it will encounter obstacles from both theory and system in its building process.