The Value And The System Establish Of Jury

Logically speaking, introducing common people to trial andforming a restrictive conformation rooting external, is the developingtrend of modern trial. The emergence of system of assessors is based this.The system of jury is the supreme modality of systrem of assessor, andis the supremest modality of all trial manners we can find till now. Theexistence of jury is the symbol of the system of jury, and is the basicreason that differed from system of assessors. The essence of juryincludes: definite members, special organizing procedure, relativeindependence, practical function and influence to judgement.Traditionally, the system of jury includes two forms: one isrepresentatived by Britain and America, the other is by France. Butstudying the history, we find that the jury of France and the systems from other continent countries, also the result of replanting system of jury inBritain.The system of jury has two values which are protecting the justiceand embodying the democracy. As 'angel of the justice", it can find outthe fact, by enhancing the autonomy of procedure, restricting thearbitrariness of judge, fasting the scientific judgeing manners anddecompress the judge. As 'safeguard of democracy', it has the collectivejudgement, democratic antonomy and favoring the formation ofdemocratic notion. In the other hand, the system of jury has somenegative value, such as wasting time, money, lower effective, evenmaking prejudice and taking uncertainty of judgement. As the descendingof cases judged by jury in Britain and America recent years, somesuspicions to the exsistence of jury emerged. However, we can still provethe charm and feasibility of system of jury by the demonstration of Russiaand Japan who built the system of jury recently. And the reformation ofjury trial can just strenthening the vitality of this system rather thanending it.The general mode of system of jury means its common frame of theoperation. It has two part: one is the organising system,the other isoperating procedures. The former is management, including thequalification of juror, making the juror list, restrict the member and therights and obligations. The latter is proceeding program, including startup of procedure, selecting of jurors, operation of this system and discussionfor the appellant problom.Then, basing the perfect system of jury, linking the history andreality of system of assessors and the background of judicial reformationin China, it is feasible for us to establish the system of jury. There are fivepieces of notice: qualification of the jurors, the scope of cases judged byjury, the procedure to confirm ultimately jury, functional orientation ofjury and the hearing procedure of jury.