Judicial System's Being Professionalism Or Commonalty

The jury system is a kind of judicial system which for the public to participate into the judicial process and supervise the judge's authority, restrict the abusiveness of judicial power, and is a manifestation that people are master of their own affairs in judicial field. Before May 1, 2005, on which the Committee of the National People's Congress's "decision on perfection of jury system" starts to implement, for various reasons, in practice, our jury system either had not been implemented by many courts, or been implemented by many courts on their own way, make it becoming a system which exists in name only. With the releasing of the decision, our jury system seems to meet a new spring. However, with regard to the implementation of jury system in later three years, the system still exposed many flaws, and has not been getting rid of the situation of "empty set". Which way shall be followed by the jury system, is still a hot problem. On this background, this article selected the topic of jury system as object of study.This article is divided into four chapters besides the introduction and the conclusion.The first chapter introduces the jury system's present situation in judicial practice. On the base of analyzing relative data on the implementation of jury system from national court and Grass-roots court which the author belongs to, through application of local experience to the entire area way, discovery the jury system's present questions.The second chapter analyzes the reasons why our jury system is falling into difficult position. By analyzing on both internal and external factors, explained that the reasons include not only the system's own flaw, but also historical culture environment factors, legal skeleton and social environment which the jury system locates at.The third chapter elaborates the development route of our jury system. Firstly, makes analysis on the problem that whether the jury system should be abolished. Refutes the reasons stated by some scholar who argue that the jury system should be abolished. Secondly, reference to enlightenment of the continent law country's fail experience of transplanting jury system, analyzes the difficult factors that existing in present stage of implement of the jury system in our country. From this, draws the conclusion that the pattern of jury system in our country's present stage, we should better choose the participation pattern.On the base of previous chapter, the fourth chapter suggests some ideas on how to break through the difficult position which our jury system is facing to. The main idea is that we should take return to jury system value, with such guidance, carries on the reform gradually with the consideration of our country's national condition and the tradition.