The Development Of The Jury System In China

The study of jury system is always one of the enduring legal issues both in China and foreign countries. Jury system is an important modern political system in democratic countries. It is also an important symbol of political civilization, which is known as"the free beacon and the constitution wheel"by western nations. In terms of promoting judicial justice, realizing judicial supervision and promoting judicial independence, the jury system plays an indelible role. But today in China, the development of jury system has almost become a dispensable system, The debate between"abolish saying"and"save saying"has not been stopped. Should the jury system be abolished? What is the future of the jury system in China? Based on admitting the situation, this article provides some scientific and normative reform proposals to find a way to reform the jury system through the analysis of the present situation, the predicament and reasons of the jury system.The article is divided into five parts and briefly described as follows:The preface part simply narrates the value of the jury system and existing defects, which provides a theoretical background for the following analysis of the jury system in China.The first chapter is about the concept, development history and characteristics of jury system. Jury system is a judicial system in which common people together with the judges take part in the process of the lawsuit legally. Through the analysis of the two modes of the jury system, it is clear that the jury system in China belongs to the participation of trial range. Then outlines the development process of the jury system in our country. Then this chapter analyzes the nature of jury system and definites the jury system as an important symbol of political civilization.The second chapter of mainly analyses the status and troubles with the jury system. Through the analysis of the document considered by 2004 National People's Congress, which decided to improve the juror system, we can see the jury system in China is not satisfying. Thus it caused the debate between"abolish saying"and"save saying". On the analysis of the two views, the author thinks: Jury system has its unique value, and it should not be abolished. The third chapter is about the further analysis of the reasons of the difficulties with the jury system in China. based on the second chapter. From China's national conditions, it analyses the factors influenced the performance of the jury system, such as the traditional model of litigation constraints, the consideration of the party and so on. And analyzes the differences of the juror system between countries of Anglo-American law system and China. The differences represents as the producing process,power and status during trial of the jurors.The fourth chapter provides some suggestions and thoughts about perfecting the jury system in our country. On one hand, the jury system should not be abolished, and the value of the jury system is high. The value is as follows: First, the jury system has the function of guarantee to protect defendants' procedural right to choose; The second, the jury system promotes justice function and can achieve the judicial expectations of the populace; Third, it has a judicial supervision function to prevent the judges from cheating. Fourth, it reduces the intervention to judicial from the party and government organs. Thus judicial independence trial function is strengthened. On the other hand, to improve the jury system, some suggestions are put forward: First, enhance people's jury concept, strengthen the propaganda and innovate ideas. In the second place, transplant Anglo-American law system of the jury. Concretely speaking, from the perspective of constitution, the jury system should be guaranteed and refine the applicable scope of the jury system and increase the proportion of collegial panel jurors. Third, to mainly develop the jury system of grassroots court by randomly choosing juror that represent people mostly. Fourth, develop experts on a jury. In some professional field, some people have certain prestige and professional knowledge. Such people can be experts on a jury. Fifth, systematic and scientific management on a jury. Strengthen the jurors' professional training, supervision and management. Sixth, fully play the role of jurors in mediation cases in terms that the jurors have advantages in public sentiment and enthusiastic mediation, resolving social contradictions and disputes.