On The Reform Of China's Jury System

Jury system, one of the important institutions for people to participate in the judicial practice, is deemed as the symbol and safeguard of democracy of judicature. The modern jury system mainly consists of two patterns, the jury system in common-law countries and the assessor system in civil-law countries, which actually derived from the first pattern, under the jury system in common-law system, the fact of the case is decided by the jury while the job of law application and adjudication is undertaken by the judges.by contrast, under the assessor system, it is the commix bench,which is composed of judges and people' s jurors, that will decide the fact, apply the law and finally adjudicate the case, it is a commonplace that the people' s juror has become nothing more than symbol. By making analysis on and drawing comparison between the characteristic and function of the two patterns,this article is intended to make the point that the jury system in common-law system which provides a functional division between the judge and the juror.is more likely to strengthen democracy of judicature and safeguard judicial equity, in favour of judicial independence and building-up judicial authority .While the assessor system, which denies the division of fact decision and law application and overlooks the professional technics of trial,makes the juror a symbol..Since China has no history of jury system,today' s system of people' s jurors is established on the basis of the assessor system by drawing experiences from the former Soviet Union.since the system of people' s juror fails to exert its functions, it has become a topic of hot debate in both legal theory and practice with the focus on the abolish of the system of people' s jurors, so far, there have been mainly three theories:the theory of perfection, the theory of abortion and the theory of the jury system in common-law system. This article believes that the system of people' s jurors shall be substituted by the jury system in common-law system which is conducive to the independence and authority of judicature and is more significant to a country in specific historic period like China, therefore, the jury system in common-law system shall be transplanted into China. Some countries of civil-law system failed in transplanting this system due to the failure to establishthe relevant institutions and indispensable legal environment rather than the difference of national situation. Despite some controversy, the jury system in common-law system has a steady development future and no country so far has the plan to give up the system, the reduction of the scope of the application is not an indication that the system is less important and even close to an end. Despite some conflicts between the system and china legal culture, China has possessed the social environment for the transplant, With the deepening of social and legal reform, the jury system in common-law system to be established in china shall only refer to the trial jury excluding prosecuting jury. The transplanting process shall be based on china' s national situation combining efficiency, therefore, the member of jury may be reduced and the jury shall be applied only in the first instance trial and in certain scope of cases and further the parties to the case shall have the option to choose the jury, meanwhile equal importance shall be given to legislation to set up related systems, the transplanting of system of jury is the focus of china' s legal reform, the success of which shall undoubtedly accelerate the pace of legal reform.