Medieval England The Jury System

The modern jury system originates in the Middle Ages in England. However as early as Greek and Roman times the jury court had already appeared, so the jury system is to have more than two thousand history. There are many factors for its strong growth and maturity in England. This paper hopes through the analysis of jury system in the middle ages of England, shows the social historic conditions which the system needs, uses for reference in the course of China's efforts and achievements in promoting the Rule of Law.The main section of the thesis consists of five parts:Part one begins with a discussion of the research situation of the jury system by domestic and foreign scholars .Then shows the intention of this writing.Part two focuses on the concept of "jury" and the origin of jury system which from the jury court of Greece and Rome times until the Sworn Inquest of Frank Kingdom.Part three pays more attention to a few main academic viewpoints of the origin for jury system of England and conclude several specific reasons for it. In addition ,the part offers a detailed analysis on laws,such as Constitution of Clarendon, Assize of Northampton and Grand Assize of Windsor, which promulgated by the kings after the Norman Conquest.These laws offered a powerful legal guarantee for the execution and development of jury system.Part four analyses the important function of writs to the jury system from the group witness to modern prosecution jury and trial jury. And takes manor courts as breakthrough points concretely, elaborates the wide practice of jury.Part five carries on a historic evaluation to the jury system of England.With the measures of jurors' conditions,the penalty for dereliction of duty and bribe,keeping in balance with judge's power and so on,the judicial fair get a guarantee effectively.