On The People's Jury System

The jury system was imported into our country in the last years of Qing Danasty. It has gone through about one hundred years, being glorious at one time. But the current people's jury system's declining. Not a few scholars give their opinions on the issue, but they haven't carried out much research into essential matters, and the persons who approve of its perfection are confined to revision on the primary basis.Although the jury system has a not-so-short history, it lacks traditions, not having established such rations as trial restriction. The cause of the declination of the people's jury system lies in its legal system, its operation and its legal principle. From the aspect of the theory of system, there should be harmony, balance and order inside and outside the system of the people's jury. The theory of shell emphasizes to strenghthen all kinds of construction to protect the system and to accelerate the system's healthy development. In nature, the root cause of its declination is the idea malposition and the mode malposition.Should we reserve or annul the people's jury system? After answering the five questions concerned, the thesis analyzed the people's jury system's advantages and disadvantages. The conclusion is that the advantages are more than the disadvantages. Therefore we'd reserve and perfect it. The perfecting direction is Jury Independence.Jury Independence is the independence opposite to judges, is the checks and balances of judicial power. Jury Independence means the state when the people's jury's influence is extended and means to increase the number of the people's jurors. Thus the people's jury can take its advantages and exert social influence. The jury can be the real ruler to measure social fairness and righteousness. Then the thesisproposed some detailed rules under the principle of Jury Independence. From the aspect of the theory of information, we'd increase the number of the jurors. That's the request to the jury verdict, as information destination, that should express the representative characters from jurors to the most.