Study Of Our Jury System

The jury system is people judicature. In the world, the jury system includes two forms: the jury system in common law and system of participating trail of continental law system .In China, system of people's jury is created based on system of participating trail of continental law system. System of people's juror make a greater contribution to China in the history, but by the advance of society of China, system of people's juror can not agree with the demand of administration of justice, and can not exploit it's advantages to the full. This paper will make initial study from the angel of the trait of jury and the trait of law system and the reality of China.This paper is divided into three parts.Part one: introduce the origin and history of jury system, compare participating trail and jury of common law.Part two: Introduced the history of the people' s jurors system, analysis the reality and the problem of people' s jurors system of China.Part three: the argument of Jury system of China, introduce :A: Improve and perfect system of people's juror, this viewpoint consider system of people's juror can improve the democracy of administration of justice, and can guarantee impartial trial, but this viewpoint can not resolve the problem of people's assessor be difficult to join the trial of law for his poor quality of law.B: Transplant the jury system of common law, this viewpoint try to resolve the problem of participating trail, let the assessor of trial only join the trial of reality of law case, but for the condition of China, jury system of common law is difficult to transplant.C: Judgment of professional judge, this viewpoint consider China ought to throw away Jury system, carry out judgment of professional judge, this is a practicable viewpoint in fact.D: coexistence of models of trial, consider all kinds of models of trial ought to coexist in China.