The Study On Jury System In Judicial Democratization Process

Jury system which is long-standing and continues evolving till today always plays an important part in promoting judicial democracy. The important content of judicial democracy is to ensure people can directly participate in justice judgment and the jury system is the very necessary system design which people can participate in court judgment and thus to ensure the people's ideas and social conscience in justice can be realized. Jury system is the result of judicial democratization. It is common to make the democracy of the jury system as the most important reason of implementing the jury system although many differences exist in two genealogies of law. Jury system should take the protection of people's rights as its legislative purpose and take judicial democracy as concept of system design with civil liberties threatened by public authority and individual career judiciary increasing nowadays, which conforms to the time request and people's desire. Therefore, we should further to improve people's juror system, in order to accelerate the development and improvement of judicial democracy in China.This paper is divided into five parts: The first part is the basic theory of relevant judicial democracy. Through the carding bto judicial democracy under the influence of different democratic theories,we put forward the connotation of judicial democracy and judicial democratization, and compare the connotation of modern judicial democracy theoretical basis with basic theory of Chinese judicial democracy and analysis them so as to obtain the theory basis which applies to our country judicial democracy. The second part is the jury system of judicial democracy analysis. On thease of clarifying the related theory of relevant judicial democracy, the paper gives the historical consideration on jury system of judicial democracy and unscrambles the"judicial democracy"of jury system. The third part is the discrimination to jury system for promoting judicial democracy role. On the analysis of jury system to promote the positive effect of judicial democracy, it also points out the inherent machine rational defects in playing judicial democracy role simultaneously. The fourth part ,is the jury system of our country judicial democracy function consideration. Based on the analysis of the standardization of the jury system, and pointed out the jury system in judicial democracy functions on the main obstacle. The fifth part is the localization reform access of our country jury system promoting the judicial democracy. According to the main problems of our jury system playing in judicial democracy functions, the paper put forwards the specific reform proposals suitable for China's national conditions in legislation and specific system design respectively, in order to benefit to the jury system construction in the judicial democratization process of our country.