On The People’s Jury System

As pursuit of democracy, Jury system of justice has a long history and strongvitality. China’s people’s jury system has experienced several changes, but itsimportance is not fully reflected in China’s judicial system. Since the20th century, theincreasing decline of the Western jury system is obvious, China’s people’s jury systemin the judicial practice is not optimistic either. Although in2005China promulgatedthe "National People’s Congress Standing Committee on the decision to improve thepeople’s jury system" and the “comments” based on it as well, it does notfundamentally change the status quo of China’s People’s Jury System. This article isgoing to analyze on the people’s jury system, trying to explore a jury system reformand improve it. This article is divided into four parts.The first part is an overview of the jury system. The author is going to elaborate thePeople’s jury system by its concept and characteristics, status, value analysis. Fromwhich we will know the important existence of it. The author will also analyze fromthe basic theory of the jury system of justice for our democracy and tell its importancein building the harmonious society.The second part tells the people’s jury system in comparative law. Our people’s jurysystem could be traced from the civil law system, and the jury system in civil lawsystem is also developed from the common law system. In order to improve ourpeople’s jury system, jury system in foreign countries must be well understood, fromwhich it is possible to find out the inadequacies of our people’s jury system.The third part is on the problems, the cause, and analysis on the people’s jurysystem. We have found the inadequacy of the jury system from the above part of thisarticle, the next step is to analyze the cause. Firstly, people’s jury system does notexist in the Constitution Law. Secondly, the juror’s selection is not standardized.Thirdly, the role of our jurors is difficult to show in the judicial system. Fourthly, thejuror’s protection is insufficient.The fourth part shows the author’s idea on how to improve the people’s jury system.Based on the amylase above, the author gives some ideas on the people’s jury system.The first is to restore the constitutional status of the jury system. The second, thereshould be a People’s Jury Act. On the process, the author tells the idea on the guidingideology, basic principles of this law, the case involved in a trial the jury the scope ofthe production method and the jury term, the jury of the rights and obligations the jurysafeguard measures, the jury of supervision and restriction mechanism.The author has not only realized the importance of the jury system in judicialpractice, but also found the inadequate prospect of people’s jury system. The articleshows the author’s idea on the improvement of China’s people’s jury system, hopingit will do help the system perfected.