The Jury System Status Quo, And Reflection

The system of the people's juryman which has developed rather tortuously is both a political system and a judicial system . Since 2004's restoration , the system promotes at a certain extent, but its present situation is quite out of the social expectations. The article ,with the center on the implementation of the system, sorts out the situation of 2005. analyzes briefly the cause of the existing problems and puts forward the train of the thought and suggestions on the basis of the all-round review of the system.It consist five parts. 1,The preface, acting as the historical background of the whole analysis and research, states mainly the introduction of the system and the history of our national people's juryman system. 2,Chapter one describes the basic structure of the current system. It undertakes the practical proof studies and summarizes the characteristics about the participation in the hearing ,the composition of the people's jurymen as well as the acceptance of the system. 3,Chapter 2 refers to the seven problems and corresponding causes in the operation of the system, such as not judging while accompanying, vague definition between duty and responsibility and inappropriate of the disposition etc, and doubts about the implementation of the system. 4,Chapter 3 explains the inevitability of the system, reveals its advantage, defines reasonably its function and determines the applying scope of the system through the theoretical review of the origin, political & legal effect besides the suspect. 5,The last chapter, on the basis of the above ones, puts forward the concrete thinking and suggestions of the people's juryman system, including reasonable fixation of the duty and capability, the improvement of the selection and guarantee, distinction of the relationship between the jury and other judging mode and erection of the evaluation setup on the effect of the jurymen' participation.