The Operation Predicament And Its Countermeasures Of The People’s Jury System In China

As a very special judicial system,the People’s jury system can absorb ordinary people into the judicial process,and let the idea of letting the people be masters of the country be projected into the lives of ordinary citizens in a visible way,for the smooth development of judicial activities and the national level of the rule of law to provide assistance.However,in practice,the system is faced with many difficulties,urgent response and solution are needed.Therefore,this paper from the perspective of practical observation,taking the operating status of system in C County of H province as a sample,concretely combs the operating predicament of the People’s jury system under the guidance of current norms,at the same time,the problem in practice for the extraterritorial jury system,on the basis of which to form a solution to the plight of the coping strategies.In addition to the introduction and conclusion,this paper is divided into five chapters:The first chapter is the value implication and the historical context of the People’s jury system.Only by knowing the value implication of the People’s jury system can we understand the significance of system functioning.It is helpful for us to understand the functional orientation and orientation of the system in different historical periods by combing the history of the development of the People’s jury system in our country and finding out the system characteristics and the reasons of the destiny trend in different historical periods,in order to form a reasonable expectation of the system function at present,and then targeted to shape.The second chapter presents the operation of the People’s jury system,through the empirical observation of C county of H Province people’s jurors system operation indepth description,to understand the system operation problems.Through the empirical observation,we can see that the key points of the People’s jury system are concentrated in the following aspects.One is the selection mechanism of people’s jurors,the other is the process of people’s jurors participating in the trial,the third is the guarantee mechanism of people’s jurors performing their duties,and the fourth is the cognition of the role of people’s jurors.The third chapter is the analysis of the predicament in the operation of the People’s jury system.In this part,combined with the data observed in practice and the provisions of the standard level,the current system of people’s jurors are faced with the difficulties and problems of a systematic analysis.Specifically:first,there are flaws in the selection of people’s jurors;second,the procedures for people’s jurors to perform their duties are unclear;third,the scope of people’s jurors to perform their duties is unclear.Through the analysis of the above three aspects,we try to have a comprehensive and systematic understanding of the difficulties faced by the People’s jury system in the process of operation.The fourth chapter is an analysis of the extraterritorial jury system.In this part,in view of the predicament in the operation of the People’s jury system,the author analyzes the provisions of the extra-territorial juror system from three aspects:the selection of juror,the procedure of performing duties and the scope of application,with a view to the People’s jury system to solve the plight of ideas.The fifth chapter is the solution to the predicament of the operation of the People’s jury system.The first is to optimize the People’s Jurors selection,which can be divided into scientific reduction of selection conditions,technical updating of selection methods and rationalization of the selection process;Secondly,the scope of the jurisdiction of the People’s jurors can be clearly demarcated from the entity,which can be divided into scientific determination of the trial scope of the People’s jurors,third,we should regulate the rights of People’s jurors in procedure,which is to confirm that the People’s jurors should review papers in advance,we will optimize the incentives for people’s jurors and improve the mechanism for correcting errors in full-time fact trials for people’s jurors.