A Study On The Jury System Of Japan

Because of the jury system can play an very important role in promoting justice, democracy,and reflecting judicial authority,limiting the abuse of public power,it has become popular in modern legal society as a typical of form by which the national can participate in judicial activities directly .In Japan,the law about jury in criminal was formulated on May 21,2004.After five years of preparation and propaganda, on May 21, 2009 the law about jury in criminal came into force. Japan's national jury system is designed to improve understanding and trust in the judiciary, the Japanese national will be elected to be a jury to judge in the criminal procedure court of first instance with the judges.It is a judicial reform system which implemented Japan to stop again sixty years ago ,and the reason of establishing again is that it reflects justice, democracy,and judicial trust, and to help Japan to get out of the plight in its current justice system, which is the justice is too sophisticated and judicial bureaucracy.The law about the jury in criminal in Japan is divided into eight chapters:Chapter I:general provisions ,and this act describes the purpose and significance of the development.ChapterⅡ:juror, this act is divided into three sections about the selection and dismissal of judges qualifications, methods and procedures.Chapter III:judges in the trial process,including trial preparation,and preparation procedures.ChapterⅣ:Review.Chapter V: trial decision and the trial of exceptional distinction. Chapter VI:protective measures for juror.Chapter VII:other rulers .Chapter VIII :punitive measures to the juror. and the bylaw in final.The law about jury in criminal in Japan is described and analyzed in the second chapter of this paper,by the debate in Japan and comparing with the jury system of civil law and common law.In the third chapter,the opinion of agree with and object to the jury system in Japan is introduced ,and by understanding the essentia of the jury system in our country and comparing with the jury system in Japan,some useful experience and ideas will be obtained ,including which case will be judged with juror, the selection of the jury, the jury rights and obligations,the juror's protection, and the social environment for supporting the jury system and so on.In the end,we will find out the jury system's operational aspect and the trends of the world ,then analyz the basic direction of reform and trends,hoping to make the jury system in our country to be improved and more mature.