"survival Of The Soil, Law, Judicial Practice" - Of The Jury System Interpretation

Jury system originated in ancient Athens, Solon created Jury Court to break the Judicial monopoly of the aristocratic forces, strengthen the civilian power. As the embodiment of democracy and freedom,Jury system begans its journey. From Jury Court of ancient Greece and Rome, to jury system and trial participation system, to our country's jury system, jury system has undergone a long development process, During this period, which have tortuous and brilliant, critical and commended. The different fates of the jury system in different countries, let us worry about this system,which make outstanding contributions to the judicial system of the world.Is also the embodiment of democracy, a beacon of freedom, why it can shine in some countries, while in other countrys,it was not developed good? If we use the mature experiences of other countries, Is not the problem can be solved? If so, how to take and fetch; If not, how do? Is to give up, or stick? This series problems have been haunted us.The jury system in China is similar to the trial participation system, although after decades of development, still in the immature stage, there is the dilemma. In recent years, with the acceleration of the process of reforming which the judicial system, the jury system once again focused people's attention. Can be said that our current system, whether at the legislative level, or in the practical level, the jury system is insufficient. Although the implementation of "on improving the people's jury system"(here in after referred to as "Decision") has solved some problems, also failed to address the root problems of the jury system, the system is still suffering from criticism. Is the jury system is bound to be "exotic", difficult to shine in our country? Or as long as we elect the right path, we can also find the "people's jury system with Chinese characteristics," Let the july system, which represents democracy, freedom and justice, shine in our country? We try to analysis "The Living Soil,The Legal System,Judicial Practice" of July system in china, to find the answer.In this paper, the core is "jury system research of China", compared to other countries" living environment of the jury system, combined with the current law in our country and Judicial Practice to research our country's july system, to fight for jury system's reform and improvement.Paper is divided into three parts. The first part is an overview of national jury system. Mainly from the national development process of the jury system, survival of soil, situation, system evaluation, comparative study of several aspects of China and other countries of the jury system, try to sum up the similarities and differences in living environment. The second part, we combine the legal system and judicial practice.Mainly based on field research data. To analysis the Jurors' selection,,the situation of July.in the performance and impact of the trial. Jurors' rights,obligations and responsibilities, the actual operation of the jury system, "to accompany without trial"phenomenon and many other aspects of the situation, for the next step to provide strong support. Third part is the way out of the jury system. Combining the first two parts of the discussion and analysis to find the answer——whether has "the living soil" of jury system in our country? which jury system is we need? And we will propose some reform and improvement programs.