Research On The People's Jury System

"The decision on improving the people's jury system," starting in May 1, 2005 onwards. indicates that the people's jury system in Chink has entered a new stage. The paper begins with an overview of China's system of people's jurors. This includes the concept of the people's jury system and characteristics The Origin and Development of the jury system and its functions are introduced and reviewed. Then in the second part of a major study examining the jury system and the jury system is the main Western Enlightenment. that the jury system in common law and civil law countries participating in the trial system. In this part, I am the origins and characteristics of the Enlightenment Jury elaborated, will be the common law countries participating in the jury system and the civil trial system with the people's jury system in China rather, was to explore the differences between the jury system. Immediately after the Enlightenment I made a simple evaluation of the jury system. Jury system which analyzes the Enlightenment respective advantages and shortcomings. Enlightenment through our jury system and the system of people's jurors in the jury system and the advantages and shortcomings of Enlightenment The analysis, we can get any inspiration? I personally think that the jury system of common law and civil law countries participating in the state's trial system, We will be the main inspiration system is not a copy of any copy, He's the same old system of copying is no way out. The same was true for the jury system. We should not copy the jury system in common law, civil law countries can not reproduce the Senate trial system. because they do not meet our conditions, do not conform with our legal tradition. In other words, any system that does not have a jury system Enlightenment living conditions. Therefore, it was suggested that the jury system should be abolished. advocates of the jury system in common law countries have come to conclude that transplantation is not tenable, This does not take into account China's national discourse, not taking into account the compatibility between systems. the transplant will consider too simple. So I think that we are and will always insist that we should do first is the people's jury system. Then on the basis of adhering to and absorbed Enlightenment jury system and the courage to learn from the advanced experience and methods in order to continuously improve and develop the people's jury system, and strive to build a Chinese characteristics. adapt to China's national conditions of the people's jury system. This paper elaborated in the third major part of the people's jury system, to try to be explained from two aspects. First, legislation, Of course, soon is the promulgation of the "decision on improving the people's jury system" analysis Analysis of the "Decision" is also worthy of recognition, as well as the questionable; Second, the judicial practice. The promulgation of the "Decision" mainly refers to the past two years, in practice as well as the implementation of the existing problems. The last part is to discuss issues concerning the improvement of the people's jury system, I think, a perfect system. First, it should be perfect in this regard, in this paper, I mainly from the legislation, "Decision" of the view that the perfection of their own recommendations. Some still immature, and our hope is to help improve the people's jury system.