Research On The Innovation Of The People Jury System

The people jury system, as the representative form that the public take part in the judicial activity, has profound significance on the development of socialist democracy, the administration of justice for people, the promotion of judicial justice and the public credibility of the judiciary. China is currently in the critical period of social transition, and a lot of disharmonious factors, such as dislocation of social structures, increase of social problems, occurrance of anomie,disorder and risk ect, have huge impact on the social development. Because of the advantage of mass basis, people jurors can assist judges in resolving social conflicts. At the same time, people jurors involved in the trial are in favor of open justice.In the judicial reform at present, the innovation of the people jury system becomes the focus which is to promote the democratization of justice. Considering the local judicial practice, the people's courts at all levels across the country have been implementing the"Three Priorities"(Resolution of Social Conflicts, Innovation of Social Management, Fair and Honest Law Enforcement), and taking some new measures which have been proved effective.The method of research on jury system in China over the past is mainly from two points of view: one is focused on macro-judgment, investigate the problem of abolition of the jury system;the other is from the perspective of comparative law,through describing the value and function of two legal system as a reference to analyze the shortcomings of the jury system in China, then puts forward some proposals. Recently, Some scholars have started showing concerns about"Chinese characteristics"of the jury system in China, which is different from the common law and civil law. Simultaneously, some researches on the operation and effect of people's jury system in judicial practice have been emerging. This article, based on the people's jury system innovations and combined with practice around the representative, regards the"people jury"system of Henan Province as a positive innovation of the jury system. Through investigation, analysis, induction, and integration, this article reflects, whether a variety of new initiatives improve the people's jury system, how to let the value of the jury system function effectively, and whether it has generated new problems.The first section describes the evolution of the jury system and innovation, including the historical process of institutionalization and standardization of the people jury system, the value of jury system in China, and three innovations of the people system in judicial practice.The second section makes some comments on these innovations of the people jury system, mainly about the coordination between legislation and practice, the impact of professional selection upon the traditional concept of the jury system, the limitation on rights owned by people jurors, the balance of people jurors'independence and judicial efficiency, ect.The third section studies on"people jury"system of Henan Province. The point of view is located in the implementation of"people jury"in both the intermediate people's court and the basic people's court of Kaifeng city.This part also analyzes the breakthrough point made by"people jury"system. Finally, some advices have been provided. The initial thing of innovation is distinguishing the different role of the jury and judge. The means of innovation is reasonably allocating the rights of people's jurors and taking advantage of jurors'function. The principle is that innovations are compatible with national conditions and social conditions and meet the needs of the community and the public's demands for justice.