Study On The Consummation In Our Country Criminal Activity Jury System

Public participation in the criminal jury system as a form of criminal justice, has been adopted by many countries in the world。China is actively building a harmonious society proposed the construction of both the requirements of democratic rule of law, the criminal jury system of justice is precisely to attract public participation, to narrow the distance between the public and the administration of justice, democracy and the rule of law embodies the true spirit and basic requirements. However, our criminal jury system is not perfect, and the actual operation of the legislation are still many deficiencies, the requirements of the rule of law and democracy is still a distance. Therefore, in the redress the wrongs and carry forward the advantages and Perfecting the purpose of the criminal jury system, the author wrote this article.This article not only made the criminal jury system overview, but also describes the current situation of the criminal jury system in our country, In addition to through the rest of the world (especially France, Germany, the criminal trial system and the participation of people in Japan referee system) to implement the criminal jury system to analyze the situation, an attempt from outside the criminal jury system for the improvement and development to find available Reference model. Of course, to be reform of a system, we must first understand what the shortcomings of restructuring, resulting in the ills of the reasons lie,Therefore, the author describes with plenty of space to run our criminal jury system characteristics, pointed out during the operation of the existing problems and the reasons for these problems in order to prescribe the right medicine for the improvement of the criminal jury system put forward reasonable proposals.The thesis has four parts.The first part describes the origins of the jury system, concepts and theoretical basis and the reality of existence in our country.The second part introduces the details of system of criminal participation of the criminal jury system of the trial system as reference in French, German and Japanese. The third part focuses on the development of our criminal jury system overview, operating characteristics, problems and reasons in practice.The fourth part is how to perfect the system of criminal proceedings with the general direction, by improving the criminal jury system of the legislative proposals of reform programs. About the improvement of the criminal jury system, the author puts it in the whole criminal system under the consideration of the environment and different from the past, some scholars merely the "stop-gap measures, "only to consider the shortcomings of the system itself which make it difficult to solve the fundamental problem. Therefore, we should set up the jury system on improving the legislation of some views, and proposed system of criminal proceedings related to reform and reform the system, achieve better results. Specific recommendations and observations are as follows:First, the full court of criminal jury trial process, from pre-trial proceedings to trial and then to review and vote on the case, should improve; Followed by the assessor of the qualification and selection of staff should be reformed; Finally, a number of other supporting measures such as legal advocacy and reform of criminal procedure system should be taken.