Juvenile Delinquency Case To The Jury System

Minors jury system is the absorption of ordinary citizens. It is maintaining legitimate rights and interests of juvenile defendants to ensure legitimacy of the criminal justice process and maintenance of justice. The current jury system plays its positive role. In recent years, how to reform and improve the criminal justice system is an important aspect of the reform of systems engineering.While the Minors has played an active role in,However, due to the roughness of legislation and judicial practice in the abuse, Jury System in China minors flaws become increasingly prominent, Is mainly manifested in the following two aspects: First, understand the value of defects, Recognizing the value of defects, Refers to the value of understanding the main body,In one thing the extent of people's needs as well as the value of the things, the status, role ambiguity, presence, and even erroneous understanding. The jury system for minors is also the value of awareness of the existence of such defects. Currently, minors, recognized the value of the jury system is the major shortcomings in the following areas: 1. The judicial democracy simply equated with political democracy; 2. To challenge the grounds of inefficiency of minors jury system; 3. Professionalization of the Judiciary and Justice is compatible with democracy is difficult. Second, the system construction defects,System Construction defects, Namely, the provisions of legislation on the imperfections of the system itself. The current jury system, there are minor defects in the system to build. Currently, minors jury system exists in the judicial practice, many problems,A large extent, Is due to constitutional and legal provisions on the jury system is too general, in principle, not easy to operate and bring about. Construction of such a system deficiencies following main features: 1. Jurors the method for the lack of harmonization of laws; 2. Start the arbitrariness of a larger jury process; 3. Jurors lack of an independent status; 4. The jury the lack of specific rules; 5. Jurors job security system is flawed.In juvenile jury system, Jury staff of the legal property of jury behavior is a cause for concern but in legal theory and judicial practice, there is a big controversial issue. Different legal and cultural traditions of the countries have adopted different legislative style, Such as the common law countries believe that the main act is a citizen jury duty,In civil law countries that the jury acts primarily civil rights. In our minors reasonable jury system built before the,We should first issue of jury behavior accurately the properties of legal status.After the Nanjing Provisional Government, the Northern Government, Wuhan, Guangzhou National Government, the Nanjing National Government, the revolutionary base areas the Government, the New China, People's period, Nearly a hundred years of development history, But the laws of the various periods are not acts of civil jury the legal nature of a clear positioning. Nevertheless, We can still Jury System from China's development context to see the legal property of citizens of jury behavior. From the political and democratic perspective, In China, mainly due to the jury system is viewed as a political right to the. From the democratic point of view of justice to analyze, China is actually the jury as a citizen's right to a quasi-treated. The reason is that, China's Constitution and laws are not citizens of the jury as an obligation, And in judicial practice, The reason why the court adopted the form of a number of jury trials because they are treated as ordinary citizens to serve on a jury in order to direct participation in national and social management of a democratic rights.Under the 1954 Constitution, China's courts to hear criminal cases in first instance, the jury system should be implemented, in the Constitution laid the minors in the criminal trial, the jury system, the core of multi-system. However, our 1982 constitution was abolished on the people's jury system requires that,The 1983 revised Organic Law of People's Court also deleted the original provisions on the jury. Under the existing law, People's Court of First Instance cases, Formed a collegiate bench by the judge or the jury by the judge and the people formed a collegiate bench carried out,Minor criminal cases and cases otherwise provided by law, Can be one person. So far, legislature has the status of the jury system from the principle of the Constitution down to procedural law in principle. In judicial practice, Jury system is dispensable, Unheeded,Many people even make the jury system should be abolished. Thus, jury system of minors in the criminal trial, the actual multi-system are marginalized,The jury system should be re-established throughout the criminal trial, multiple forms of an important position.Minors in China's reform and improve the jury system, The key is to correct choice of minors basic model of the jury system. Anglo-American law system we have is to choose the jury system, Involved in a trial or choose civil law system? This is mainly determined by China's laws and cultural traditions, The judicial practice of the jury system as well as abroad, the scientific understanding of the jury system, a reasonable legislative and judicial practice, drawing on a variety of factors, This paper argues that, Appropriate to draw on China's civil law countries involved in a trial system, At the same time, we the jury system can not simply be dismissed. The jury system has its advantage, Some advantages of the system involved in a trial can not be compared.In the increasingly focusing on the protection of minors the rights of defendants to be a modern criminal proceedings, Juvenile defendant should be given to the jury process right to choose, This is the objective requirement of the principle of procedural justice, Is also the objective requirement for the democratization of justice. Minors clear the scope of the jury system, only in a limited jury system in order to ensure fairness within the scope.Why national law for jury system to limit the scope of application, its main purpose is to maximize the rational allocation of judicial resources. By law to determine the qualifications of jurors, to determine the qualifications of jurors, The qualifications of jurors is limited to general practice in Western countries. Developed to facilitate operation of jury rules, Jury System in the minors, the more developed countries and regions, Are designed to protect the jury system has been the implementation of the rules of trial by jury. Establish and improve job security jury system, to enhance the safety of jurors and identity protection.