The Jury System And Its Reform

In our society, the phenomenon of the arbitration in judicature and the impartiality in judicial experience are not unpopular. And it has become the core of reformation in justice system of how to ensure the democracy and to maintain the justice. In the process of our judicial reformation, the value of compound jury system should not be ignored, and we should reform the trial system of our country. Then it has become the focus of the people and the title of this thesis.With the beginning of the introduction to jury system, this chapter gives the definition of jury, and expounds the value of it. The jury system is a legal system in which the cases are tried by the judge and juryman, in order to realize judicial democracy and justice. It also means that the most important value of the jury system exists in it's being able to guarantee the judicial democracy and to maintain the basic justice.Then is the retrospect of the history of jury system. The history of jury system can go back to the ancient Roma and Greek, then comes to the process of jury system's taking shape in west society. Also, the difference of two kinds of trial system has been distinguished. At last, the history of China's juryman system is briefly reviewed. On the base of analyzing the problems existing in our present trial system, this chapter brings out the advice to solve them, which includes rebuilding the diversified trial system.On how to rebuild our trial system, which means to establish the diversified trial system, and which is the emphasis of the thesis, this article put forward its ways of rebuilding the jury system. The main contents of this system are: l,the scope of cases tried by the jury or juryman; 2,the rules of trial should be regulated in the constitution, and the right of opting should be titled; 3,the qualifications of juryman; 4, the right and obligation of juryman; 5, the procedure of trial; 6, the establishment of relative rules of trials; 7,the corresponding legislation of trial system.In this article, the value of the jury system has been expounded by probing into the intention of jury system. Meanwhile, the choice has been made by comparing two kinds of jury systems, and then, the author put forth a new kind of way to rebuild our trial system, that is, to establish a diversified trail system, which includes trials by juryman, trials by the jury and trials by the judge., and the possibility of this kind of system has been proved . Especially on how to make full use of the trial by jury, the author put forward to establish our jury system by referring to the foreign successful legislation.