The Reform Of The People’s Jury System

The jury system is the national judicial absorption of certain non-professionaljudges hearing criminal and civil cases of a system. It has the supervision andadministration of justice, safeguard judicial justice, and other functions, the jurysystem in many countries has been the implementation and application. The two mainJury system has formed gradually during the development of the jury system, the jurysystem of Anglo-American law system, and continental law system. People’s jurysystem is exotic as a judicial system in China. Its development has not been plainsailing. However it developed hard. First of the jury system activities from the latepolitical reform to be introduced from the West, after various periods of change, butfor various reasons did not reflect the people’s’s jury system has long been out of itsfunctions, with the expected value of the target very different far away, so that theoryand practice community abolition of the jury system had a heated discussion. Presentpeople’s jury system was established during the Second Revolutionary Civil WarPeriod, followed the mode of the former Soviet UnionThe jury system development of our country can be divided into five stages.First, the prototype of the jury system; second, rudimentary stage of the jury system;third, the establishment and development of the jury system; fourth, the destructionand weaken stage of the jury system; fifth, the period of reconstruction of the jurysystem. The external value of the jury system, reflected in the four aspects: judicialdemocracy, judicial justice, judicial supervision, and legal education.A lot of problems exposed during the current development of the jury system,which is reflected as follows: the chaos of the produce of jurors, confusing the dutybetween the courts and jurors， unwilling to participated in jury the concept forjurors，The concept of people’s’s jury can not be fully implemented the whole processin the proceedings,,jurors enthusiasm of the jurors is not high and so on. Theseproblems are many reasons: first of all, the reasons for legislation; Second, the separation of powers and configuration reasons; at last, the concept of reason. For thevalue of the jury system can be realized, the jury system must be comprehensivereform. First, the role of the people’s’s jury system in a constitutional status must bere-established and the "People’s’s Jury System Act must be established quickly, andfurther detailed provisions on the jury system; Second, specifically applicable to thescope of the jury system; third rights and obligations of must be fixed; fourthelective mechanism of juror should be completed; fifth, the rights of picking up thejurors can be given for the litigant; Sixth, protection mechanisms of the jury systemcan be established.On the direction of the jury system, we insist that the selection mechanism of thejurors and the jury of the scope of application must be noticed and increased. Weshould complete the jury system requirements in the legislation gradually and, collectexperience and explore a better solution in practice. The Chinese people’s’s jurysystem has a long way to go. We should take into account the tradition based onChina’s national conditions, and draw on the experience of developed countriesmature to reform development and improvement of people’s’s jury system graduallywith Chinese characteristics.