Our Jury System Reconstruction, From The Practice Of Criminal Justice

Since 1949, our country implements the people's jury system, the system has been practiced in China for sixty years. Because in the actual operation of the symbolic than real significance, the law circle and the practice circle mounted thereon a in view of people's jury system abolition struggle. The author found, support the people jury system to retain or reform articles are mostly through the value of jury system jury system to talk about the necessity of the existence of, few people analyze China's current judicial practice need or not need the presence of jury system. This dissertation aims to analyze Chinese current criminal judicial practice problems, thus to prove the jury system in China the necessity of existence. At the same time through to the people's jury system malpractice analysis proves the necessity of its reform,and present simple ideas for reform.The article is divided into four parts:In the first part, the author combines case from three aspects of the current criminal judicial practice in the presence of significant problems are analyzed. First, analysis of the impact of judicial independence in our country the main reason. That is the power of intervention and public opinion" kidnapping".Next, in view of our country's judicial justice by the masses is highly concerned about the situation, analyzed the influence of judicial justice in our country 's three major reasons. That is the judicial corruption," Crazy" public opinion and the lack of neutral sense of judge. Finally, In view of our country judicial credibility suffered serious doubts about the problem, analyzes the main reason of damage of the public credibility of the judiciary .That is judicial independence is not guaranteed, people on the judicial justice and lack of trust, justice and society between did not establish effective communication mechanism.In the second section, the author expounds the jury system in resolving these issues can play an important role. First of all, Analysis of the jury system in the realization of judicial independence of the role, that the jury system can deal with the relationship between judicial and public opinion, to avoid judicial from public opinion" kidnapping"; The jury system can cut off the local power and jurisdiction where the link between, to avoid judicial suffer outside interference; The jury system can impact the case exists in the process of administrative act, realizing the independence of judges and judicial independence. Second, Analysis of the jury system in the realization of judicial justice to the role of, that is, in addition to helping to safeguard the independence of the judiciary, also help to prevent the corruption of Justice, and is conducive to curb the judge's accusation consciousness. Finally Analysis of the jury system in improving the public credibility of the judiciary plays a role, that in addition to help maintain judicial independence, judicial justice, also helps to make judicial and social interaction, mutual influence.In the third part, the author analyzes the six aspects of China's jury system present situation and defect, And pointsout that the people's jury system in the maintenance of the judicial independence, justice, enhance the public credibility of the judiciary is difficult to play a role in. First, points out that the legal status of the people's jury system in China declining status. Secondly, points out that people's jurors qualification setting and people's juror selection procedure is lack of democracy, It is difficult to embody the jury system of democracy, is also difficult to maintain judicial independence, judicial justice. Third, points out that the people's jury system applicable scope is too casual, lead to difficult to play the effectiveness. IV, points out that at present the people's jury system design, the people's jury does not have a real sense of independence, people's jurors on the case and ruling it is very difficult to play the actual effect, leading to the referee lack of authority. V, Points out the people's juror occupation phenomenon highlights, make the people's jury is difficult to supervise occupation judges, increase the people's juror corruption possibility, it is difficult to reflect the jury's connotation of democracy, is not conducive to social education. VI, points out the people's jury system the way in the management of defects and other problems.In the fourth part, According to the people's jury system is difficult in judicial practice in China play a practical role in question, I proposed a reformed reconstruction proposals. First, In the jury system mode selection problem, the author thinks that trapped in our current judicial system and the trial system of inherent defects -- denial judicature activities related legal issues of professional features, the assessor system in our country it is difficult to play a practical role. In contrast, the jury system of double referee structure is conducive to the impact of the current judicial system, maintain judicial independence, judicial justice, enhance the public credibility of the judiciary. Secondly, In view of our country and Russia ( former Soviet Union ) belong to the continental law countries, and in the criminal prosecution system especially the jury system has a deep origin, according to the Russian jury system was modelled, puts forward some suggestions for China's jury system is reconstructed on the initial tentative plan.In the conclusion part, the author points out that the jury system reform, whether it is perfect or reconstruction will be a huge and endless project, short-term inside cannot be achieved. But we should be on the jury system to persevere in research and advocacy, for future reforms to provide social and theoretical basis.