| Professor Wang Min yuan has profoundly pointed out in the article"China’s jury system and its perfection" that "in accordance with the situation that jury has been diluted in the legal provisions,the academic circles are rarely interested in discussing the issue of jury system,and there are few discussions on jury in publicly published works.The jury system,which has been widely praised by the legal circles,has been the principle and system concerned by most of the legal provisions concerning trial organization and procedure in the past two decades since the founding of the People’s Republic of China.Now,even if it has not been forgotten,its degree of oblivion is enough to surprise people.This statement accurately summarizes the current situation of the people’s jury system in theory and practice.At present,the development and improvement of the people’s jury system is an important part of China’s judicial system reform.Firstly,the Constitution of our country clearly stipulates that citizens have the power to manage state affairs.The people’s jury system is the most direct and effective way for citizens to participate in and manage state affairs.It has always been regarded as a bridge between citizens and courts.It provides a very convenient way for the masses to participate in judicial work,understand the operation of state judicial power and grasp judicial dynamics.Platform.Secondly,the intrinsic value of the jury system,such as breaking the monopoly of the state on judicial expertise,the socialization of trial results,and the embodiment of social democracy in the judicial field,has become the inherent motive force for the people’s jury system to be constantly improved and developed.However,it seems that "jury without trial" and "agreement without dispute" have become the "standard evaluation" of the people’s jury system in China,and its connotation is self-evident.At present,from a large number of papers on the people’s jury system,it is necessary to start with the whole people’s jury system,including theselection mechanism,participation mechanism,management mechanism(such as training,management,jury security,withdrawal mechanism)and so on.The above overall study of the system is indeed necessary,especially in the selection mechanism of jurors should be better highlighted.Democracy and universality are also the basic work for the good operation of the jury system.However,the author believes that we should pay more attention to the mechanism of people’s jury system.With the deepening of the reform of the trial-centered litigation system,the core value of people’s jury system should also be embodied in the process of Criminal Court trial,such as to form their own inner conviction and judgment by questioning the defendant,and to actively express their views in the agreement.Points and so on,this article does not discuss and study the appointment mechanism and management mechanism of the people’s jurors stipulated in the current People’s Jurors Law,but focuses on the investigation and analysis of the data of the people’s jurors in the process of participating in the criminal trial centered on the court trial.The author takes T City Y District Court as a case to investigate and analyze the operation of the people’s jurors participating in the trial of criminal cases in Y District Court.The introduction part of this paper mainly introduces the reasons for choosing topics and writing ideas;the first part mainly introduces the basic situation of the people’s jury system in our country;the second part introduces the basic situation of the jurors’ participation rate,questioning rate and random participation rate in the trial of criminal cases in the People’s Court of Y District of T City;the third part summarizes the research contents of the previous chapter and analyses the current situation.The fourth part summarizes the problems in the above chapters and puts forward suggestions to improve the system value of the people’s jurors participating in the trial of criminal cases. |
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