Comparison Of The American Jury System And Of The People's Jury System

Until now, Chinese juror system becomes a mere formality on"the honorary assist in judgment". In the judicial practice, the juror's existence worth becomes a mere formality. Some scholars even suggested abolishing. However, jury system is Chinese litigation system and even judicial system is an important part of the whole. To improve people's juror system is an important link in the construction of democracy and the rule of law, it justifies the judicial process has played a significant role in promoting can. In the practice, on the one hand, it can curb public power and restrict the right of judge. On one hand, it can effective protects the private rights and safeguards the lawful rights and interests of citizens. Also it can strengthen judicial authority, improve the judicial organs of social public credibility. Historically, no system is perfect from the beginning of the establishment. This article is divided into four parts, specific as follows:The first part introduces the main contents of the U.S. jury. Firstly it summarizes the formation and development of the jury system and the selection and operation of the jury. Then, it discusses the guarantee and restriction of jurors of American judicial system from legal protection and power restriction.The second part mainly analyses the main contents of Chinese juror system. First it outlines the historical evolution and operation development of Chinese juror system, and then introduces the selection of people's assessors and present situation of the juror system from the aspects of the applicable scope, the rights and obligations the juror have and the related system security, etc.The third part focuses on the comparison of the U.S. jury and Chinese assessors. It summarizes the advantages and disadvantages of American jury system and Chinese juror system from the macroscopic and microscopic aspects. Then it is mainly to discover the different processing mechanism and value orientation of the same problems and provide references for perfecting Chinese jury system.On this basis, the fourth part is the conclusions of the text and makes suggestions on Chinese juror system. Through scientific understanding of the jury system, it brings up some opinions in perfecting the jury system. We should pay more attention to the value of the jury system at first, then perfecting the juror system from the following aspects: building the infrastructure of the jury system, encouraging the audience to take part in the jury, promoting the legal status and increasing safeguard funds etc. The purpose of the text is to arouse the attention to the Chinese jury system and put forward feasible plans to solve the practical problems.