Research On The Criminal Jury System In China

With the Party of the Fourth Plenary Session of a perfect the people’s jury system and the Supreme Court of revision to improve the implementation of the pilot program of reform of the people jury, the people’s jury system has once again aroused academic circles and judicial departments attach great importance. In the course of criminal trial into the jury system, from social people randomly selected with conditions of personnel involved in the trial of the criminal case, establish public participation mechanism, such as judicial, have the right to supervise the judicial, avoid and prevent judicial corruption and judicial arbitrariness, judicial democracy the direct embodiment. In addition, the criminal jury system also reflects the political democracy, in the case of judicial work to carry out the mass line, to protect the procedural justice. Therefore, the criminal jury system is a compromise between the judicial democracy and political democracy, its development and progress reflects the improvement of the level of society as a whole.For in-depth follow-up and Implementation on the people’s jury system reform of the Fourth Plenary Session of the eighth, the Supreme People’s court and the Ministry of justice joint system of the the people’s jury system reform pilot project ", within the scope identified 10 province 50 court reform as a pilot, in view of the current our country the people’s jury system to make comprehensive adjustment and improvement. This reform mainly from people’s juror selection conditions, selecting procedure, the trial scope, terms of reform, exit and disciplinary mechanism and guarantee system put forward corresponding suggestions and opinions and achieved certain results.However, looking at China’s current judicial status, to the criminal jury system, for example in local grassroots people’s courts exist many problems and difficulties, and directly restrict and influence the criminal jury system function effectively, such as criminal jury’s rights and overhead, the Senate trial case scope ambiguity, safeguard relief system is not perfect and so on. In addition, there are still some problems, such as the lack of constitutional support, the content of the legislation is scattered, the principle and the general and so on. Therefore, it is urgent to reform and perfect the criminal jury system.In the paper, starting from the meaning of the criminal jury system, with its legal value as the starting point, in-depth research and analysis the problems and defects existing in legislation and judicature of the criminal jury system in our country, and from the macro and micro point of view are expounded and improve the effective countermeasures and suggestions of the criminal jury system in our country, such as the criminal jury participate only in the facts of the case trial, strict selection mechanism, expand the assessor range, in order to promote the development of the criminal jury system in our country.