On The Value Of People's Jury System In China And Its Perfection

The Chinese assessor system, which originated from the western jury system, now is the same as the western jury system, obviously on the decline. Therefore, there are scholars both in China and in the western are arguing about the necessity of the presence of the jury system .In this paper, while analyzing the formation and the historical development of the Chinese assessor system, the author makes comparisons both of the common ground and of the obvious differences. The common ground shared by the two systems lies in theit value purposes, such as political democracy and judicial justice. For political democracy, they can be useful in enabling the citizens to participate in government management and supervise government management directly; for judicial justice, they can be useful in realizing judicial fairness,, establishing judicial authority and enhancing judicial independence; besides, they can also be a fine process for law popularization. Meanwhile^ in light of-the problems that face the Chinese people assessor system, the author elaborates the possible reasons, which maybe relevant to Chinese characteristics. In the end, basing on the obvious differences;between the western jury system and the Chinese assessor system, in order to improve and perfect the Chinese assessor system, the author presents her own assumptions: the first, to endow the partiesconcerned with the option on ajury; the second, the application scope of a jury should be clearly defined; the third, the rights and the duties of assessors should be clearly defined; the forth, to unify the standards and the qualities for selecting assessors; the fifth, to improve the treatment for assessors. To conclude, not only the Chinese assessor system should not be abandoned, so long as we continuously improve and perfect it ,it will become charming and lively soon.