From The General Study Of The Jury System Reform And Improvement Of The People Of Our Country's Jury System

With further reformation of judicatory, it is necessary to speed up a reformation for Chinese People's assessor system. It went into a new stage after the Bill"Decision on how to improve the People's Assessor System"was passed by Standing Committee of National People's congress on May 1st, 2005. Nowadays, the current people's assessor system lacks in support from Constitutionalism, some procedures need to be modified either. This assessor system can not be employed effectively while in practice."By other's faults, wise men correct their own", some experience on legislation and judicatory from foreign countries will be helpful to build and improve our own judicial system. Accordingly, this report is divided into 6 parts. In part one, the origin and evolution of jury system is briefly introduced. According to the difference between common law system and the civil law system, the focus is the main contents and features in jury system and the assessor system, also include value analysis of western jury system. In part two, main purpose is to introduce Chinese jury system, which includes the origin and development especially after 1949. Moreover, there is a brief introduction on definition and features, as well as value analysis of Chinese jury system. In part three, there is a comparison among the jury system of the common law system, the assessor system of the civil law system and Chinese people's assessor system. Part Four introduces current status of the People's Assessor System, expatiates and illustrates those main problems of the People's Assessor System from cognition, legislation and judicatory angle. Part five focuses on how to improve our people's assessor system. Although author prefers jury system of the common law system to be a reference to Chinese Jury system, it is not a right time to practice it. The effective way is based on current people's assessor system to do some remedies and improvement. Meanwhile, solve those problems coming up in practice in time, also could try some new methods in different experimental regions. Part six is conclusion.Reformation on jury system goes with reformation on civil judicial system. There are so many different suggestions and opinions on the methodology, the definition and the practice. The author's proposal is preliminary and focus on those detailed problems.