A Theoretical Study On Jury System Of Civil Procedure In China

In modern society, jury system earned highly importance and affirmation in many counties as a democratic form and a protection mode for a ordinary citizen directly involves in the judicial activities. Jury system has unique value and function in safeguarding judicial justice, promoting judicial democracy, improving judicial oversight and protecting human rights. In common law countries justices, jury system intentionally reflects litigation tradition and litigation concept of common law countries. It is the most distinctive system. Currently, people's jury system is often used as an methods of work to reduce the occupation of professional judges so as to improve the efficiency of the Court. Therefore, jury system has already been exist in name only in many places. Faced with this situation, internal academic community have different attitudes. In the international environment of jury system earned highly importance and affirmation, we should seriously look our people's jury system and improve it continuously on the basis of referencing the experiences of western countries and thus play its due role. This has five chapters to study our country's jury system. Chapter I is the generalization of civil procedure jury systems of common law country and civil law country. Chapterâ…¡is similarity and difference between assessor system and jury system. Chapterâ…¢is analysis of assessor system types aboard, study of participation auditor duty and advantages and disadvantages of civilian participation-in-trial. Chapterâ…£is the situation and causal analysis of ours civil assessor system. Chapterâ…¤is specific reform ideas of country civil procedure jury system and reformatory view pointed to assessor system abuse mentioned before which combined experiences of western countries and based on China's specific conditions.