Study On Jury System Between Two Legal Systems

Jury system is a judicial system that judicial organs admit general citizen to participate in judges. It becomes a democratic system owing to the institutionalization of people's directly participating in judicial act. This system consists of jury system in common law system and trial system of people's assessors in continental law system. It is popular nowadays because of the democratic ways that common citizen can directly participate in judicial act and the insurance systems of people's rights whether jury system or the trial system of people's assessors. The assessor system has played a positive role in China, but it is confronted with ceasing to exist except in name. It is arousing a heated discussion in research and in practice on the remaining or discarding of jury system. This essay comparatively analyses the similarities and differences of jury system between the two legal systems as well as their advantages and disadvantages from the view of the origin of jury system and two legal system's history development. By combining the history development of assessor system in China and the disputes in research, the essay explains the legal principles of judicature and democratization as well as judicial specialization and the public's participation, analyzes the value and significance of assessor system and the deficiencies in China, so as to explore the efficient ways and put forward a few suggestions to improve China's assessor system.