Research On Jury Instruction System

The system of jury instruction is an institutionalized way to make up for the lack of legal knowledge of jurors,which offers a procedural communication platform for judges and jury and promote the enrichment and integrity of the exercise of judicial power.It promotes the jury to exercise the judicial power in essence,and formed the supervision and restriction to the judge's judicial power.Therefore,the jury instruction system plays an important role in standardizing and promoting jurors' substantive participation in the trial.However,affected by many factors,the People's Jury System in China has been deeply troubled by the jurors` participation without trial,the reason of which is that the jurors lack legal knowledge.In order to resolve this problem,many attempts have been made at the legislative and judicial levels to make up for jurors' lack of legal knowledge in various ways.But the compensation of juror's legal knowledge should not violate the purpose of People's jury system.Based on the character of jury instruction system and the actual demand of our country,it is of great practical significance to study jury instruction system.This article systematically studied the jury instruction system for the first time.By analyzing the mechanism of its existence,the operation,the existing problems and its resolution,this article presents how judges to guide jury to return a verdict,and on this basis,to realize the localization of jury instruction system in our country.In addition to the introduction,this article is divided into five chapters:The first part is the basic theory of jury instruction system.Jury instruction system is a systematic institution in which the professional judges offer legal knowledge to lay men and guide them to correctly return a verdict,concluding two typical types,Anglo-American jury instruction and question list system in continental law.Jury instruction is the duty of judge,he must give jury principal legal knowledge without the parties` requests during the trial.Jury instruction system is different from the judge`s interpretation right,the former is for the jury aiming at providing legal knowledge,regulating and guiding the trial behavior of the jury;the latter is for the parties aiming at equalizing the substantive equality of the parties.Jury instruction system has many functions,which can promote the communication among judge,juror and parties by telling the laymen legal knowledge,guide the jurors` trial behavior by telling the jury how to trial a case,realize the controlling function by restrain jury`s behavior and receive the appeal review,educate the jury by applying the law to real life to realize legal education function.The judge can realize his multi-role transformation of legal adviser,trial guider,trial supervisor and legal educator,and at the same time,the jury has performed its duty correctly and appropriately.The second part is the historical investigation of the jury instruction system.Jury instruction system comes into being with the emergence of jury,but the binding instruction in the modern sense is the result of the game between judge and jury on trial power,and the process in which jury gradually loses law-applying power.Many factors contribute to this result,such as economic development,law Complexification,the formation of legal professional level and so on.In order to achieve legal consistency and predictability,the jury must obey the law given by the judge.Question list system originated from British jury transplant.Due to the distrust of general verdict,the French adopted a special verdict mode to guide the jurors in the form of a list of questions.Later,it was introduced by Russia,Spain and other countries and became an existing problem list system.The third part is the existence mechanism of jury instruction system.In this part,the author analyzes the existence conditions of jury instruction system.The high-quality judge provides the suitable main body element,Jury system provides the audience condition,the relatively complete legal system provides the content elements,the law-fact distinction provides the technical element for jury instruction system.The fourth part is the inspection of the operation of the jury system.Both Anglo-American jury instruction and question list system are the results of the judge guiding the lay men.As an effective mechanism to regulate the internal relations of the judicial power,they have a high degree of similarity in operation.In the principle of instruction,both of them reflect the orientation of the jury as the center,and they all follow the precise principles of instructions,the principles of easy understanding,and the principle of neutrality;In the formulation of the instructions,both of them are based on the judge's leadership and the assistance of the parties as the basic model,paying attention to the procedural guarantee of the parties;In the construction of the instruction content,both of them are centered on the substantive law elements and supplemented with other supporting matters.However,due to the influence of the two legal systems' judicial power allocation patterns,legal culture traditions and other factors,there are differences in the fineness,standardization,openness and functionality of the instructions.In general,the Anglo-American jury instructions system covers a wide range of content,and offers instructions through the whole process of the trial in the time,and are more open and focused on the protection of the parties in the instruction procedure,showing the refined and standardized features of the instructions;question list is simple in content,and relatively concentrated in time,and Insufficient normativeness in procedure,but its has another function,namely,matching with the judgment reason system.The fifth part is the localization construction of jury instruction.The aim of the research on jury instruction is to promote the perfection of People`s Jury System in Our country.This part analyzes the necessity and feasibility of the jury instructions for localization construction.Before the new round of reform of the People`s Jury System in 2015,we took various measures to make up for the lack of legal knowledge of jurors,such as legal training,ask-answer between juror and judges during trial and deliberation,but the effect is not obvious.After 2010,we have tried to use the jury instruction system during the trial to promote the jurors` performance.After years of development,China's current legal system is basically complete,the quality of judges has been greatly improved,and the distinction between law and facts can also be realized,the People`s Jury System can offer audiences for jury instruction system,consequently,the localization construction of jury instruction system has basic conditions.The principle of instruction is decided by the purpose of instruction,our country`s instruction principle should be prize,understandable and neutral,and there is also a particularly noteworthy principle,openness.Due to institutional differences,we should make some improvements in Instructor,verdict forms,coordination with the judgment reason system and coordination of the appeal system.