Research On The Jury System Under The Prospect Of Constitutionalism

At present, Chinese jury system faces many problems and challenges, the main problems are: Firstly, the using of the Jury is arbitrary. From the using of our jury system, as a whole, it has a small range of using, and also imbalanced of using in the types of cases. Secondly , the elite selection of jury. At this stage , the selection of jurors always focused on the team of experts, or highly educated class, but the common people have no many opportunities to participate in the jury. Thirdly , the issue of the comprehensiveness of the jury. It includes that the jury cases' are comprehensive and the duty of juror is comprehensive. Then, the jury system which is as a symbol of democracy and popular participation in the judicial ,in fact ,has lost the values of "functional" and "mission" .Fourthly, the hysteretic nature of Jury security. On the one hand, the grants and substances treatment has laggard behind, and which has affected the operation of our jury system on quality and results. On the other hand, the existing laws short of the regulations about the juror's refusing to accompany, and which made the judicial practice missing jurors commonly. The reasons are our jury system short of its own constitutional basis and due procedures base. On the one hand, Chinese people's jury system, lacking of a solid and strong support for constitutional system, and which has made the system of checks and balances of state power as a congenital defect, the problems about "accompany without trial " still serious. As courts and judges throughout the jurors selected to participate in working and playing a decisive role in this election, mostly represent the judgment value and style of judges and court, so the using of jury trials on the conduct of judges formed external constraints in fact become a aspiration. On the other hand, the rule of law gradually developing and mature, Chinese People's Jury system in popular participation; judicial supervision; judicial and other aspects of democracy has made great progress; but the jury system in terms of the actual results fell far behind of procedural justice theory. Limited by institutional factors; judges; security factors; the jurors are extremely limited in capacity; they can not effectively influence the formation of a magistrate concluded process; more often they are a "phenomenon"; not a "climate." In this paper; the author will use a historical method and comparative law method to attempt to exploring and summing up the system continue to exist and the theoretical basis for deeper reasons. At the same time; the paper on China's jury system will not only inspect; but also research on China's future implementation of the jury system; and try to carry out a feasibility and necessity proof; to put forward ideas related to the building...