Study On The Reform And Improvement Of China's Jury System

The jury system is originally one characteristic legal system in the western countries,it "originated from the ancient slave society—Athens and Rome,is prohibited in the feudal society,is praised in bourgeois revolution period,prevails in the capitalist countries,such as Britain and America,etc.,is imitated by other countries in the world and also carry into practice in former Soviet and some eastern Europe countries,and is transplanted into China."~1 The value of jury system—protecting human rights,maintaining the judicial justice,ensuring due process—makes the capitalist countries set down the jury system in constitution or basic legal file successively after they make revolutionary victory.But to this day,the destiny of jury system is far different in different countries,some countries developing and improving continuously jury system and becoming the example of other countries;some countries showing declining of jury system.The jury system has two types:one is adopted in the common law countries,such as Britain,America etc;another is adopted in the civil law countries,such as France,Germany,etc.The two types have some difference.The people jury system in China takes shape gradually on the basis of using Russian judicial experience for reference,and combining our country's judicial practice.Because the operation effect of the people jury systems is unsatisfactory.So there is an intense argument about whether the people jusr system should be retained in theoretical field. In my opnion,the reason of the phenomenon is faultiness of the people jury system legislation and institution.We can't deny the people jury system because of this reason.My paper is composed of four parties. The first part is the introduction of jury system meaning and it's history.In this part,I also introduce the two types of jurysystem and make comparation of them.The second part is the illustration of jury system's value. The jury system has value of protecting sovereign rights .maintaining the justice of judical,ensuring due process,preventing judicial corruption and popularizing law education.the third part are history introduction and analysis of the people jury system. By analysis ,the unsatisfactory operation of the people jury systems is because of faultiness of the people jury system legislation and institution.We can't deny the people jury system just by this reason.The fourth part is the suggestion of the people jury system's reform and improvement .It includes legislative and institutional reform and improvement.This paper take the research approach of the comparative analysis.The comparative analytical method is diversified,multi-level,including comparation of different jury system of civil law countries and commom law countries,the comparation of two types jury systems and the people jury system,the comparation of legal culture and particular institution.By comparation,I put forward the suggestion of reforming and improvement of the people jury system.