Thinking Of Jurors’ Adjudgement In The Criminal Trial

Citizens, according to the jury system,have right to participate in the judicial trial, which is one of the most direct way for citizens to share national power and to achieve democracy in the judicial field.Making any study or improvement of the jury system could provide the Reference resources of the trial or litigation or other aspects for the reform of the justice system,and promote more broadly citizens to be a juror in court. This paper is divided into four parts to expound and prove the necessity,operability and effectiveness of Citizens being jurors to participate in the judicial trial.In the first part, this paper prove the necessity of citizens being jurors to participate in the judicial trial from two main theoretical foundations. At first, the trial of congener, the old judicial philosophy,demands citizens being jurors to participate in the judicial trial.The trial of congener is a compromise between citizens’right of judging themselves and power of the law,which means that,the right to judge citizens is began to belong to citizens,while,the strong power of the law make prohibition against this citizens’right.From then on, The trial of congener came into being between citizens’right and power of the law. The trial of congener means that part of judgers in court must be the congener of the judged citizen, to some extent for citizens protecting their own rights from the strong power of the law. Moreover, citizens could participate in the judicial trial as jurors according to the democratic judiciary. Especially when the People’s Republic of China is a socialist state under the people’s democratic dictatorship, citizens directly participate in the judicial trial,which is the most direct democratic judiciary. Fathermore, there could be good cooperation between jurors and judges, which could takes the advantages of jurors and judges together.In the second part of this paper,the writer relates what the current state of the jury system is,and analyzes the reason leading the jury system to be current state.First, the current state of the jury system includes that the criteria for selection of jurors makes the jury system can not achieve its own purpose,and that jurors’jurisdiction has been neglected. After,this paper gives the reasons involving that jurors have the right not the power in court,and that jurors change themselves from the host of court to the guest of court.The jury system must be developing to the state-should-be,which means that jurors should be empowered jurisdiction, the power,not the right. In the third part of this paper, on the purpose to give jurors informations to refer to,the writer gives an account of the way in which jurors’ jurisdiction should be used in the the state-should-be,from three main aspects which are capabilities of the penalty,the purpose and tasks of Criminal Procedure and criminal trial mode.In the last part of this paper, the writer provides several proposals about citizens being jurors to participate in the judicial trial. The first and the most important thing is that legal provisions should be made to empower jurisdiction to jurors. Moreover, the criteria for selection of jurors should be optimized. And an database system should be set to make sure the informations of jurors are orderly managed.The informations of jurors could be registered, selected, deleted or other operated in the database system. No matter whether the database system would be set or not, the term of office of the juror,which limits the number of citizens who could be a juror, and results adverse effects to the jury system.Citizens participate in the judicial trial according to the jury system,which needs three main aspects including clear legal provisions, citizens’active demand and an effectively managing and operating jury system.On this account,the country has an obligation to make clear legal provisions on the jury system,and set an effectively managing and operating system for the jury system.In view of the significance that the jury system should have,this paper,from two main theoretical foundation,study the necessity of citizens being jurors to participate in the judicial trial. And comparing the current state of the jury system with the state-should-be,this paper lists the main reasons for the current state of the jury system,and work out the recommendation for the jury system.