The Reform And Improvement Of Jury System Of Our Country And Its Design Of Mode

Jury system, the system merging the professional judge and non-professional judge together to hear the case as a fruit of system of liberty, is generally adopted by most countries. Jury system in China, generating on late Qing dynasty and practicing officially according to"Order On Improving The Jury Trial System", which stipulated by The National Congress, on May 1, 2005, has renew its value maintaining the judicial liberty and justice in liberty construction and judicial reform nowadays. There are, unfortunately, still lots of problems left unsolved, such as irregular jury-selecting, unwilling and undue impose of judicial authority, the imbalance of development of jury trial and the improper professionalization of jury trail .The main reasons that causing such problems, the author believes, are lying in intact legislation and practice as well as the unreasonable design of mode. This thesis, put forward series of improvement measures such as building the status of juror in Constitution, adding the legislative stipulation on classification of juror, the competence for a post, the scope of responsibility and the way of hearing, setting up the relevant measures and articles on practice, designing the mode of integrating the jury trail composed by lay people with the jury trail by experts, aims to arise the more attention and research of jury trial system.The whole thesis is divided into four parts: the development of jury system, the outline of recent practice of jury system in our country and existing problems, the design of the jury system mode. The thesis, adopting the methods of comparativeness, analysis, deduction and inference, narrows the origin of the jury system, compares the difference between Anglo-American system and Civil Law system, reviews the history of jury system of our country, analyses the outline of recent practice of jury system in our country and existing problems, put forward the methods and views of improving the jury system from the aspects of legislation, practice and trail mode, provides the detailed methods and opinions such as building the status of juror, classifying the juror on stipulation and then regulating the competence for a post and the way of hearing the case , regulating the responsibility of juror, making relevant measures and articles in practice, imposing the jury panel who is responsible for trial, cataloging and managing the expert and lay people as juror in order to set up the trail mode of integrating the jury trail composed by lay people with the jury trail by experts. All measures and views, aiming at constructing a ideal situation which could ensure the juror exercise its authority as well as take its responsibility and help the jury system fulfill its inner value and function better in judicial practice.