| Jury system is an important judicial and political system and the main form of judicial democratization.Its essence is to expand the people’s participation in the judiciary,which is the concentrated embodiment of the democratic system in the judicial field.The people’s jury system in our country is the jury system with Chinese characteristics,as an important judicial system and political system,is the bridge of the people to participate in judicial activities,the people’s jury system,safeguard judicial democracy and judicial justice value and the judicial democratic values of people’s jury system is the primary value.However,before April 27,2018,China ’did not have a "people’s jury law" in a real sense.Therefore,in the implementation of the people’s jury system,there is no unified standard.Along with the people’s assessors law of the People’s Republic of China(hereinafter referred to as the "law of people’s assessors"),makes the people’s jury system in our country has been more and more perfect,from this point,the law of the people’s jurors is a progressive significance,promulgated the law,to a certain extent eased the selection of the entry of people’s assessors,reform the way selection,refined,and enlarge the case scope,perfecting the trial and review procedures,etc.,are substantial progress in these areas.It is these progress,reflect "people juror law" to judicatory democracy safeguard function.In August the same year,in order to implement the enforcement of the act of people’s assessors,the justice department,the Supreme People’s Court,Ministry of Public Security issued in the people’s jury selection method ",the normative legal documents detailed the related contents of the act of people’s assessors,but we want to know,the perfection of a system and not rely on a legal issue can be achieved overnight,the perfection of it still need to find problems in practice and gradually improve,need the rule of thumb,from this side,the system also has many problems,mainly including the people’s assessors in the process of the selection of issues and problems in the operation of the people’s jury system,In fact,these two problems are restricting the people’s jury system from playing its due democratic value.In order to make the operation of this important judicial system more scientific and reasonable,so as to better play its positive role in safeguarding judicial democracy,the author writes this article.This paper is divided into seven parts.The first part is the introduction,which introduces the research background,literature review,research methods and article structure.The second part introduces the concept and development of the people’s jury system,and briefly introduces the characteristics and significance of the people’s jury system.The third part discusses the judicial democratic value of people’s jury system,which can not only promote the rationality of judicial activities,but also improve the social function of jury system.The fourth part discusses the contents of the democratic rights protection embodied in the people’s juror law.The specific performance is that the reform of the law has improved the selection system of people’s juror and expanded the trial scope of cases.The author affirms the progressive nature of the people’s juror law.The fifth part discusses the main problems that restrict the democratic value of the people’s jury system,discusses the juror selection system and the operation system,and summarizes and analyzes the existing problems.The sixth part,on the problems of the people’s jury system,from the selection of jurors and the people’s jury system operation to provide Suggestions for improvement,in order to promote the gradual improvement of the people’s jury system,to protect the people’s jury judicial democracy;The seventh part is a brief summary of the whole article.The author through literature research,functional analysis and historical analysis and other research methods,a large number of literatures,the development of the people’s jury system in our country,from the aspects of legislation and operation ways for the problems of people’s jury system to analyze the situation of the implementation of the people’s juror system,found that people’s juror system in China has been through innovation and reform for many times,although has been increasingly standardized and rational,but there is still a relevant laws and regulations not specific enough,"jury farmer","jury elite","accompany without trial" phenomenon such as common,the selection mechanism,the people’s assessors and mechanism problems.,therefore,should be from the people’s jury system and the selection of operating system combination to improve the people’s jury system,promote the people’s jury system to achieve the unity of the form of democracy and substantial democracy,reform of tenure system,cancel the selected degree limit,the trial and legal trial phase separation,introducing problems listing system,set up a responsibility system,etc.,to improve the people’s jury system. |
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