The Evolution Of The Anglo-american Jury System And Modern Revelation

Jury system is an important judicature system that the court absorbs common citizens to take part in cases' cognizance and exert jurisdiction together with professional judges. Jury system came from the origin of western civilization—the old Greece, and exhibits the spirit of democracy and nomocracy. Due to the deposition and popularization of the spirit and practice of democracy and nomocracy, western law as well as Jury system managed to continue till today. Latter-day Jury system shaped in Britain, so in this way, Britain is the mother country of Latter-day Jury system. Jury system was not native-born in Britain, however, it was taken by Norman conqueror from Europe to England, which was a kind of neighborhood investigation Jury system in Frank kingdom before. As developing, especially influenced by HenryⅡ's reformation, it gradually became modern Jury system. As the colonizing of Britain, Jury system spread to other countries and areas, especially America. Jury system is not only a remarkable character in American judiciary but also took an important part in the period of colonizing and country establishing of North America. As the democracy form of law and the guarantee mechanism of citizen right, Jury system received highly admiration from many countries. In the whole world nowadays, Jury system falls into a decline. But as its inner value of freedom, democracy, justice and so on, Jury system won't decline to disappearance, it will continue to exist as 'free fortress', 'democratic school'. Since Jury system coming into our country, it has been executing not well, due to no enough recognition in legislation or no healthiness in corresponding system, and didn't work well which caused furious debate in whether people's Jury system should exit between the area of law and practice. Some scholars advocate abolishing people's Jury system, and some prefer directly migrating Jury system of Britain or America. This article considered that neither of the two advice is feasible. The best way is to keep people's Jury system and continue to develop it.