The Distance Between The Realistic And The Ideal

The Jury System refers to a kind of system that the ordinary citizen is allowed to participate in the judgment of a case and to exercise judicial power with the professional judge together. It's purpose is to supervise the judicial apparatus performs it's power correctly by means of participating of ordinary people, extending people's judicial democracy, and to restrain judicial officials from corruption. This ancient legal tradition comes into varied forms under the influence of varies of legal and culture principle in different times and different countries, after nearly a thousand of years of developing. Its basic principle lies in the aspects of judicial democracy, public's participation, the power check and supervision, fair trial and educating the citizen to behave well etc. The Jury System does not exist in our ancient law until late Ching- Dynasty. In 1906, Jury System was regulated in the Criminal and Civil Procedural Law of Great Qing-Dynasty . But it was boycotted and delayed by local officials of the each province. The system of people's juror's of contemporary China, comes from the relevant law provision of the revolution base implement under the leading of Communist Party of China during the revolution war ,to follow the former Soviet Union actually. After the foundation of People's Republic of China, the System of people's juror is established as a legal system, and to present, it goes through ups and downs twice.In recent years, since the law about System is not enough perfect, many courtsdon't want practice it and many courts practice it willfully regardless of over-all interest, and make it become a judicial democracy system having an ill-deserved reputation. In August 2004, The Act On Consummating of System of people's juror was issued and will be carried out in May, 1st, 2005. It seems that it is a new beginning to the System of people's juror. However the System of people's juror's have already exposed many shortcomings in practice in its fulfillment, so that it became such an ornament in the world of judicial democracy. Therefore, the Act could not change its destiny. This thesis's contents divides four chapters: firstly, from the origins and the development histories of the Jury system, the author announce to public its principles and mechanism blemishes; The next in order, introduce the history and present condition of System of people's juror in our country, and the author think that System of people's juror is practiced under the condition of particular history in our country inevitably, and contrast to the proper principle of the jury system, and the author enumerate various of antinomy exposed of the system since the system implement, have already cause people's doubt as to its existent value and reason. The third, by the analysis about the reason of the System of people's juror's sinking into the predicament, and to analyze further about the contrary theory non-overcome in planning of the System of people's juror, the writer thinks people's juror's system at the past particular history period, have develop its own function, but now should withdraw from the stage of history. End, with assessments of gains or losses and viability on transplant the jury system to China, the writer think: If we want to realize the ideal of judicial democracy, we should introduce general Jury System from U.S. and Britain. However, our country politics, economy, traditional litigation culture all constitutes the obstacle of transplant of the Jury system, there is no soil of Jury system existence in present China. However, for embodying people's judicial democracy, we can consider some other democracy forms of draw lessons from the abroad, for example the friend of the court system, etc. And we can also consider build up the jury system gradually in the conditioned city or regions. But the execution jury system of the big area, not realistic in our country now. So, there is a very big margin between the realistic and the ideal, thereform of the System of people's juror just sink into the predicament actually.