Research On China's Jury System And Its Perfection

Jury system refers to an important judicial and trial system that absorbs ordinary people, non-professional judges, to take part in the trial of civil and criminal cases. It is traceable to the ancient Greek and Rome, born and develops in the England, is refulgent in America and alters in France and Germany. In modern society, ruled by law, jury system is popular and highly praised in many countries as the guarantee system for citizenship and the democratic form for ordinary people to take part in judicial actions directly. However, the jury system nowadays has a trend for decency in the worldwide.Jury system possesses the particular valuable functions in maintaining the judicial impartiality, developing judicial democracy, perfecting judicial supervision, protecting human rights, and so on; but its problems of conflicting with the judicial efficiency, not an exclusive way to realize the judicial democracy and justice, reassessing the results of the application of the public wisdom should not be ignored either.Our country's jury system, which roots from Soviet Union, after several times of undulating, bears four characteristics nowadays: arbitrariness of application, feebleness of operation effect, relatively changeless of people jurors, generalness of the people juror authority. For a long time, as the result of the inadequacy of the theoretical research in law circle, less emphasis of the legislation, morbidity of the related system, and also the affections of culture tradition and value thoughts, the jury system in our country exists long-term in name only, and has not exerted its expected functions.At present, there are lots of discussions about the perfection or abolishment of Chinese jury system in our country's law theoretical and applied circle. Three kinds of attitudes come up here. One is the saying of abolishment. One is the saying of jury. The last one is the saying of preservation and perfection. In the eyes of this paper, the former two have inadequate reasons, and match imperfectly the real conditions of our country. So they can't be adopted. In the times of the increasing...