Reflection And Reconstruction Of The People 's Jury System In China

Jury system has a long history, but in China, from its embryonic to now, it’s only a fewdecades. In the implementation process, jury system inevitably has a crack with the status quo ofChina’s judiciary and legal culture. Along with social progress, deepening judicial reform, andincreasing public awareness of the law, China’s People’s jury system is also facing difficulties ofreform. This paper studies the jury system, it introduces and analyzes the jury system of commonlaw and the assessor of civil law, combing briefly discussing the value and characteristics of thetwo systems, and on this basis of that, the paper analyzes the status quo of our people’s jurysystem and tries to make recommendations to reform the system. The reform aims at furtherrealizing the people’s supervision and solving some problem existing in criminal procedure. Underthe guidance of the ideas above, the paper is divided into four sections:The first chapter is titled “History of the Jury System’s Development". This part clarifies thedefinition of the jury system, describes the development of the jury system in the world andintroduces the context of the development of our people’s jury system.The second chapter is titled “The Value of the People’s Jury System”. It’s clearly proves thevalue of the jury’s system to the democratic rights and justice.The third chapter is titled “The Reflection on Our People’s Jury System”. It analyzes theproblems in implementation process under this existing functions designed, referring to comparethe experiences of other countries.The fourth is titled “The Reconstruction of our Jury’s System”. Based on the issues raised inthe previous section, the paper proposes corresponding reform proposals, expecting to furtherclarify the status of the jury system in Constitution. It should become a realizable civil rights andwe should make a series procedures to guarantee the rights. It suggests to improve the selection ofjurors and training in a better way, then the juror can play a more important role. While it alsoaims to strengthen the function of the jury system in criminal procedure. It puts forward twoproposals. First, it introduces nine-member jury with three judges in the felony trial. Second, itsuggests enhancing the jury’s powers in illegal evidence exclusion. It also emphasizes theexclusion of the influence of the appeal system and adjudicatory committee to the affirmation ofillegal evidence.The development and reconstruction of the people’s jury system must need a long time torealize and the breakthroughs needs the concerted efforts of the theory and practice circle.