The People's Jury System Of China In History And Reality

Jury system originated from jury legislation in the late Qing Dynasty, which was slowly developed and grown in our long-term process of revolution and construction and gradually formed a people's jury system of characteristics. The people's jury system in the bud, rise, glory, decline, recovery, weakening historical development demonstrated a tendency to profound country pragmatism. Nevertheless at the end of the 1990s, it revived and had a new development with the reform of the methods of civil trails, and was given a different meaning. The people's jury system have got improvement and development in the institution, however in the real world there are still some unfulfilling issues of its operation, which affect the function and value of its realization and promote the reformation and innovation of local courts System. On these bases, our thesis has an overall rethink of this system and judicial reformation. At the same time, we put forward that the key to reform and improve the jury system is in making public opinion ordered into the judicial mechanism to achieve a positive interaction between public opinion and judicial. And we just take this as a breakthrough to get out of the dilemma of the jury system.Our thesis is divided into four parts:1.chapter 1st described the historical development of the jury which closely linked to the history, through the analysis and discussion of the affecting factors behind the historical trajectory of the system, it reveals the development of this system is mainly due to the countries needed in different periods, and presents a profound pragmatism tendency, and sets the scene for the people's jury system designing, operation and difficulties nowadays.2. chapter 2ed is divided into three parts:in the first part, using the factors of the jury system in the interest of revival contemporary historical analysis and pushing, to clarify that the re-revival of the people's jury system is driven by the Supreme People's Court and meet the desire to solve the justice dilemma; In the second part, we present that there are some problems in the operation of the people's jury system in practice, such as the "elitist" tendencies, pre-trial mechanism for randomly selected virtual set by the court, jurors in the full court to playing a limited role and so on; The third part, Combining the partial or overall reformation for the people's jury system in all the court, we select two typical cases of jurors "sea election" in Xiaguan area and "the people jury " in Henan Province for our analysis.3. The third chapter includes the reform of people's jury system as part of judicial reform, and has a theoretical reflection for the function of the system, reforming foundation and the steps, stages of judicial reform in our country.4. In Chapter 4, based on discussion of the earlier chapters, we have proposed the concrete thread of the jury system reformation and achieving the breakthrough of the predicament of the system, i.e. building the mechanism that public opinion orderly access into justice, ensuring broadly representative of the jury people sources and diversification in members and achieving the positive interaction between the public opinion and the justice.