On The Improvement Of Our Jury System

As a system to guarantee that the people can directly involve in the justice, Jury system is further strengthened in the trial practice in China after argument between the deposit and repeal. The NPC Standing Committee promulgated the Decision on Improving the People's Jury System on August 28, 2004 (hereinafter referred to as the decision ) . The promulgation of the decision has made the jury system in our trial practice further standardized. China is in an important historical period of building the rule of law, the judicial is playing an increasingly important role in society , as an important democratic judicial system, the jury system is of great significance in strengthening the judicial authority to obtain judicial trust.Jury system is that the trial court in cases involves person with non- legal profession into the courts, and give them the same exercise jurisdiction in the trial. The jury system is the theoretical origin "similar man trials ", a direct expression of the idea, participation of person with non-legal profession in the trial is the basic feature of the jury system. Jury system has been being democracy ever since. Ancient Greece is the birthplace of democracy, also the birthplace of the jury system. After the jury system was brought to the British and then French it gets further developed. America inherited the British jury system and gradually expand the scope of its application. Civil- law countries like France and Germany, although also gained experience in the British jury system, but for the political, historical and other reasons, there is a great variation compared with the common law countries for its own distinctive characteristics. Our jury system is really set in the Second Revolutionary Civil War period, the main line is the model of the former Soviet Union, although in name called "jury", the same with the United States, but the system is entirely different, in form and substance it is involved in civil law system. As a basic justice system to guarantee the ordinary citizens in the trial, the jury system in both common-law countries and the civil- law countries is involved in a trial in western society calendar for more than 100 years, but remained unbeaten, besides it has a profound social, cultural and legal basis, it owns judicial democracy, an independent judiciary, justice, judicial supervision, the lasting charm of its value is one of the major reasons. From the development history of the world, we can see that to absorb the direct participation of citizens in national judicial activities in the judicial activities, to let...