On The Infeasibility Of People's Jurors System In Current China

Jury system is one of the important methods of the people's judicature. In today's world, the jury system includes two forms: system of jury in Anglo - American law system and system of participating trail in Continental law system. In China, there was no jury system in ancient times, today's system of people's jurors is created based on system of participating trail of Continental law system after the liberation. In recent years, several problems have appeared in the judicial practice, and they conditioned system of people's jurors seriously, however, some of the problems are can not be covered, because they are fixed in the traditional culture and the judicial system of our country. From the experience we have got, it's hard to say the introduction of jury system was successful. This paper will discuss and prove the infeasibility of system of people's jurors in current China from the lawsuit culture and judicial system's angle, through a method of comparative analysis.This paper is divided into four parts.Part one: Introduction. In this section introduced the origin and functions of jury system, and then analyzed the theoretical basis of jury system. Through analyzing the reason of why the system once was popular in the world, raised the main idea and thought of writing of thispaper.?Part two: The investigation of the two law systems. In this section, introduced jury system of the Anglo - American law system and the Continental law system in detail, both in history and today. On this basis, analyzed the reasons why there was so large difference between the results of jury system of the two law system, then raised the point which jury system has the character in accordance with the Anglo - American law system' s law culture but in conflict with the continental law system' s law culture, prepared to discuss and prove the culture conflict between jury system and the Chinese judicial system.Part three: The investigation of people's jurors system. At first, introduced the history of people's jurors system, raised some characters of the system. Then, talked about whether abolish system of people's jurors or not, raised the reasons both support and protest the system.Part four: Conclusion. Compare the little avail produced by system of people's jurors with the large difficulty we should face to and the large cost we should pay for its running, raised the point that we should abolish system of people's jurors.