An Analysis Of The Way To Perfect The China’s Jury System

Judicial democracy is an important feature of democratic countries,the Jury System is an important form of judicial democracy,which is highly respected in democratic countries.Since the emergence of the Jury System,it is responsible for achieving the functionof judicial democracy and justice.Our country’s Jury System has problems in its operation.The main problem is that the jury is just a form,and it is lack of judicial function,which makes the political function also gradually declined.Now in correspond to the trend of judicial reform,China’s Jury System began to carryout pilot reform.Pilot reform brings changes and challenges to the system.To strengthen judicial function of the China’s Jury System and to eliminate the criticism of "accompany and not trial" are the focuses of reform work.This paper is divided into four parts.The first part of this paper mainly introduces the development of the Jury System in our country.The development of the Jury System in China can be divided into two periods:before and after the founding of new China.Before the founding of new China,the Jury System experienced the introduction of the system in the late Qing Dynasty,the continuation in the period of the Republic of China,and the development in the Revolutionary Base Areas.After the founding of new China,from 1949 to the end of the 20th Century,the Jury System’s constitutional status experienced establishment and abolish.From entering into the 21st Century,the Jury System comes to the period of renaissance.In order to revive this democratic system,our country has carried out the pilot reform,the second part of this paper analyzes the pilot reform.This part analyzes the reasons of the pilot reform,and the reasons of the pilot reform can be divided into internal factors and external factors.Internal factorsare manifested in the lack of political function and judicial function,external factor is that the social development needs this judicial democracy.The lack of political function is mainly caused by the high standard of the appointment of the jurors,the unreasonable tenure.The lack of judicial function is mainly caused by the fuzzy standard of the application of the Jury System and the lack of the mechanism to protect jurors’ rights.Then analyzes the changes and challenges brought by the pilot reform.The pilot reform puts forward improvement measures against the original problems of the system.By this measures,the political function and the judicial function of the system have been improved.At the same time,pilot reform encountered difficulties,such as the lackof candidates’ information brings challenge to the random selection;the fuzzy boundary of the factbrings challenge to the change of trial power;the contradictions between work and serve on a jury brings challenge to the Jury System;collegiate bench panel is still a factor effect Jury System’s function;the environment of the judicial system and social needs improve.In view of the difficulties encountered in the pilot reform,the third part of this paper introduces foreign countries’ practices,inorder to solve the problems of China’s Jury System.This part firstly introduces the Japan’s practice,the establishment of specialized agencies to implement the randomly selection work.This part secondly introduces France’s practice of promoting the problem list system to help the assessors sort out the focuses of controversy.This part thirdly introduces the relevant provisions of foreign countries on the term of management of jurors,funding safeguards,etc.This part fourthly introduces the composition of the foreign collegiate bench and the consideration of this practice.The fourth part ofthis paper is from the perspective of the pilot reform and western’s practice,puts forward some suggestions to improve and perfect China’s Jury System.Firstly,perfecting ofthe relative legal,including the establishment of the constitutional status of China’s Jury System,the legislation to make it the basic judicial system,modify the relevant provisions of the labor law to solve the contradiction between the work and serve on a jury.Secondly,improvement of the selection and management mechanism,including the establishment of an independent agency to implement the selection work,shortening of the tenure of jurors.Thirdly,strengthening of the judicial functions of the Jury System,including the advancement of the question list system,theadjustment of the collegiate bench.Fourthly,creating of a good environment for theJury System,including adjustment of the criteria of assessment,strengthening of the judicial system’s democratic consciousness,respecting the jurors’ jury work;through campaign to encouragemore people understand and support the Jury System.