Theory And Practice

It is one of the main legislative designs in modern democratic countries to involve the general public in national judicial trials.The people's jury system is an important system for our country's judicial system to highlight democracy and guarantee justice.Essentially,the people's jury system belongs to the typical system of participating in the trial,which is a Chinese-style jury system.In our country,the people's jury system has a certain historical,cultural accumulation and practical effect,but its legislation and judicial practice have several ups and downs and revival,showing a very unstable development process and practical operation.By2004,the promulgation and implementation of the Decision on Improving the People's Jury System heralded the relaunch of the people's jury operation in the context of the rule of law.However,the legal provisions did not completely eliminate the theory and practice of its heckling,but triggered a heated academic debate.From axiology to structuralism to pragmatism,there are not enough.The trend and degree of theoretical controversy intensified the process and intensity of the reform of the people's juror system,and gave birth to the promulgation and implementation of the People's Juror Law.This law absorbs many theoretical suggestions to make its structural arrangement more reasonable and refined.At the same time,the people's jury system does not lose the characteristics of the Chinese system.However,it is still an interesting question whether this turn of the people's jury system is the result of theoretical coercion of confession or the consideration of prudent practice.Therefore,it is necessary to further deepen the analysis and discussion of it in order to ensure the judicial effect of people's jury operation from its source.In view of this,on the basis of reviewing the history of the jury system and from the perspective of people's jury practice,this paper focuses on the analysis of the actual situation in the links of system identification,jury selection,participation in the trial and the trial deliberation,and makes a hypothesis verification and analysis of the relevant factors in the operation of the system combined with quantitative analysis.In addition to the introduction,the full text is divided into seven chapters,each of which is summarized as follows.The full text of the paper is about 250,000 words.Apart from the introduction,it consists of seven chapters.The themes and main points of each chapter are as follows:In the preface,based on the literature review,this paper defines the research approach,defines the different forms of the jury system,and makes a summary statement,which establishes the logical thinking for the development and analysis of the later research.As a specific form of the national judicial system,jury system is a well-known topic in the academic circles.At present,the academic research on the origin,type,content,operation mechanism and function of jury system has been perfected day by day,and the analysis is more and more thorough and clear.However,behind this research phenomenon,there is a lack of research on the practical mechanism of the specific system.As a result,it leads to the dislocation of theory and practice,especially the orientation of the reform direction and goal of the people's juror system.This means that although the jury system has the universality of value and function,there are still significant differences in the system structure and its practical operation.Moreover,this difference is reflected in different periods and regions.Therefore,the system construction under the mode of authority doctrine and party doctrine is not the only frame of reference and criterion for the reform of people's juror system.Therefore,it is more helpful to promote and deepen the reform of the people's jury system by defining the types and structure of jury system that exist in today's society and exploring the National Jury system which is similar to the judicial environment,litigation structure and political structure of our country.The first chapter,starting from the embryonic form of the jury system,mainly explains and analyses the ancient type,evolution form and corresponding system structure of the jury system.Considering the controversy over the origin of jury system in academic circles,this paper discusses the following logic:(1)The ancient Athenian jury system-Herrier began to discuss.Emphasis is laid on the participation system and its operation mechanism of Heriel in ancient Athens and the meeting of the hundred people's Corps in ancient Rome.(2)On the basis of the above analysis,the article turns to the analysis of the British jury system.The British jury experienced the evolution from prosecution jury system to trial jury system,and finally shaped the jury system in the modern sense.(3)Discusses the transplantation of jury system in the United States,and constructs different types of jury system and their respective operating procedures adapted to the local political climate.(4)Discusses the transplantation and operation of jury system in Europe and Asia.The content involves the experience of system transplantation and the causes of its failure,as well as the construction and transformation of the jury system in the later stage.The second chapter discusses the basic concept of the jury system,and classifies the basic concept into traditional and developmental ones in a categorized way.The traditional concept has democratic value,fair value and the function of decentralization and checks and balances.The development-oriented concept is a system concept defined by the needs and spirit of judicial reform,which includes enhancing the understanding of the judiciary,enhancing the National Trust in the judiciary,strengthening the democratic legitimacy of the judiciary,and deepening the transformation of litigant-oriented litigation procedures.Chapter three discusses the construction and reform of jury system in modern China from a historical perspective.The first section mainly analyses the legislative and judicial overview of the jury system in the late Qing Dynasty,and reveals the necessity and purpose of introducing the jury system through the analysis of the legislative background.On this basis,the author analyzed the system structure,operation mechanism,and its conflict with Chinese social structure and traditional culture,and deduced the real reason why the jury system is difficult to implement.Section II introduces and analyses the legislative background,specific contents and operational procedures of the Regulations on Juries and the Interim Law on Juries in Counterrevolutionary Cases in the Republic of China,and demonstrates the real reasons why the two laws are difficult to implement and demonstrate their functions.Section III briefly analyses the people's jury system in the period of the industrial and agricultural regime,the War of Resistance Against Japan and the War of Liberation.Based on the specific contents of the jury law in each period,it explores the jury collegial system,the source of jurors and the procedure of court deliberation.Chapter IV returns to the legislative and practical status of the people's jury system from 1949 to 1999.From the perspective of data logic,the people's jury system in this stage shows a significant weakening trend in legislation and judicature.According to this trend,it is found that changes in political structure,governance strategies,judicial functions and judicial concepts have a significant impact on the people's jury system.In particular,several transformations of judicial functions have led directly to the tortuous development of the people's jury system,and also to the repeated functions of the people's jury.The fifth chapter is about the current juror system in China.This part focuses on the legislative background and practical effect of the current people's jury system.Among them,the practical effect is stated in detail in two ways: official evaluation and theoretical evaluation,and the reasons for the formation of "one system,two evaluation effects" and the perspective and mechanism of evaluation are further elaborated and demonstratedThe fifth chapter puts the people's jury system in the perspective of social transformation,and analyses the legislative background of its re-emergence in terms of the speed,depth,direction and controllability of social transformation.And it objectively and impartially evaluates its effect with the practice data of people's jury in the past ten years.The analysis shows that the effect evaluation of the people's jury system has formed the phenomenon of "one system,two evaluation mechanisms" because of the difference of evaluation orientation.Among them,the official evaluation follows the logic of democratization,taking the number of people participating in the trial and the number of cases as the evaluation index,and obtains the gratifying effect of the perfection of the people's jury system;while the theoretical evaluation takes the process parameters of the system practice as the verification index,and points out that the people's jury work is seriously vanity and fails to show the expected function of the system.Chapter 6 focuses on the analysis of the jury practice of the grass-roots people's courts in the three districts of Shanghai,focusing on the operation of various links in the practice of the people's jury system.The first section is the object of investigation,research tools and survey time.This paper introduces the preliminary work and content arrangement of the research,including the investigation court,subjects,investigation methods and investigation time,as well as the specific explanation of the investigation results.Section 2 is to determine the research questions and put forward corresponding hypotheses according to the literature.In order to ensure the objectivity and authenticity of the analysis results,this paper designs a problem-oriented analysis method,and designs corresponding verification hypothesis according to the problem.The third is the statistical results.It mainly includes the collection,collation and statistics of questionnaire information,including jury information,selection information,court investigation and court review information,and the processing of relevant data information by statistical technology.The fourth section is result analysis and hypothesis verification.According to the statistical results,the selection of jurors,professional structure,source structure and court performance in system practice are analyzed and explained.On this basis,combined with the conclusions of the previous theoretical research,regression analysis and correlation analysis are adopted to diagnose the hypothesis in the paper,and to judge whether the theoretical suggestions and reform measures of the people's juror system reform are appropriate.The seventh chapter is the outlook and concrete design of the reform path of the people's juror system based on the conclusions of the previous analysis.Through the practical observation and statistical analysis of the people's jury system,it is found that the reasons leading to the poor effect of the jury system are not single institutional issues,but cover cultural factors,subjectivity issues and the cohesion of relevant systems.Therefore,the content of this chapter proposes that the reform of the people's juror system,the improvement of the subjectivity and the construction of the complementary mechanism of norms should be the path choice for the reform of the people's juror system.Among them,the construction of subjectivity is based on the lack of subjectivity consciousness of the people's jury system,and puts forward the construction path of subjectivity consciousness such as rule of law consciousness,jury self-confidence and jury self-improvement;the complementary mechanism of standardization is based on the uniqueness of the construction of the people's jury norms and theoretical research,and demonstrates the problems and risks caused by derailment or errors of the norms.Two construction paths are put forward: optimization of internal norms,complementarity of external norms and complementarity of external norms.The complementarity of internal norms emphasizes the perfection and coordination of internal norms;the complementarity of external norms emphasizes the coordination and support between litigation norms and people's jury norms.