Legal Thinking, To Improve Our People's Jury System

Jury System in our country experienced the start-up in the period of revolutionary base, establishment following the pattern of the former Soviet Union after 1949 model-building, and practical decadence. Until August 2004, the Tenth National People's Congress Standing Committee's 11th meeting adopted "On improving Trial System of People's Assessor Decision ", which came into force on May 1, 2005. After more than three years, trial system of people's assessor has become an important judicial system in our country, which reflects the judicial democracy, and achieved positive results. However, trial system of people's assessor lacks the support of corresponding systems, and it has many points to be improved. Some problems encountered in the judicial practice make this system cannot exert its deserved functions. This dissertation will analyze on how to improve our trial system of people's assessor on the basis of the legislative and judicial experiences of Common Law and Civil Law legal system.This dissertation contains four parts. In Chapter 1, the author introduces the history, status quo and basic content of Jury System in our country and describes its value. On the basis of analyzing the status and introducing the basic content of Jury System in our country, the author generally discusses the argument whether to preserve or abolish the trial system of people's assessor between law experts and judicial departments. And then, the author raises her views, as follows, the current trial system of people's assessor is to be perfected by focusing on the key points, i.e., the system problems under the legislation and judiciary. Furthermore, the author states the significance of the existence of the trial system of people's assessor.Chapter 2 describes the status of the West Jury System and refers. Jury System in Common Law (represented by United Kingdom, United States of American) is characterized as: the extensive selection of jurors, a clear division of functions between the judges and jurors, and the negative role of the jury in litigation process. However, the Senate trial system in Civil Law (represented by France, Germany) is characterized as: individual jurors participate the trial on their own name; no clear division of functions exists between the judges and jurors; professional judges in the trial occupy a dominant position, and etc.. Then the author comparatively analyzes Jury System in different countries. First, comparatively analyzes Jury System in Common Law and Civil Law legal system, and on this basis, sums up the advantages and disadvantages of two legal systems. Secondly, comparatively analyzes the difference of Jury System between our country and two legal systems, and on this basis, leads to ideas and contents of reference.Chapter 3 describes the problems existing in the trial system of people's assessor in our country and analyzes. From the legislative and judicial level, the author specifically reviews the problems existing in the jury's responsibilities, election, management and remuneration etc., analyzes the application situation of jury cases, and discusses the problems of "accompany without trial" etc..In Chapter 4, the author raises her own ideas and advices how to improve the trial system of people's assessor with our country's present conditions. First, the author raises the guiding principles of perfecting our country's trial system of people's assessor. The introduction of procedural justice philosophy, on the one hand can reflect the value of trial system of people's assessor, on the other hand can make the people trust the trial process of the case participated by people jurors on the basis of establishing the concept of procedural justice. However, the principle of procedural justice in our country under present conditions is also relative, since the procedural justice shall be pursued by the protection of human rights and fundamental justice. Advantage complement principle builds a bridge between the courts and ordinary people, which not only make people jurors' "public rational" and "folk wisdom" complement each other with the professional judges, but also make people feel the court does not reject the public values. To improve the trial system of people's assessor requires not only the solution of reality problems, but also promotion of the advanced ideas, so it needs the integration of the present and the future. Secondly, the author raises specific ideas of perfecting the trial system of people's assessor. 1, Support and guarantee from the Constitution and other relevant laws give the trial of people's assessor legal status; 2, To improve and set up several provisions of the trial system of people's assessor on the problems of responsibilities, selection, management, subsidies etc.; 3, To improve and set cases for the jury several provisions on the aspect of the application of Jury System; 4,To perfect the legal system relative to Jury System.