The People's Juror System Research Revolutionary Base Period

The jury system is a system of ordinary people to participate in theadministration of justice. The modern jury system energized in the UnitedKingdom, then rose in North America, declined in continental Europe,and revived in now days. The value of the jury system are in two aspects,the political value and the judicial value. The political value is afoundation, mainly manifests for the authority restriction, the judicialdemocracy. The judicial value of the jury system manifests in threeaspects, the truth finding, the promotion of the trial structure reform andthe maintenance of judicial authority.The introduction of the jury system began in the late Qing Dynasty,but was unable to put into practice. In the Republic of China, thenational Government further developed the jury system. TheCommunist Party of China rose in the system of peoples assessors in thebase, which became the basic of the system. The system of peoplesassessors in the revolutionary period took Soviet Unions jury system as amain source. It was made for mobilizing the masses, and carrying outthe mass line. It was different from the jury system of the UK and thecontinental Europe. In the system design, the way of election for peopleassessors was the recommending of the mass. Higher requirements for jpeople assessors. In the authority aspect, mostly did not have the rightto vote to the case, only had the suggestion power. In the evasionaspect and another, it was also manifesting the China traditionalfeatures. In the implementation aspect, take the base three times asthe division stage, separately inquired into the more typical centralChinese Soviet areas, the Shaanxi, Gansu and Ningxia border area andthe Harbin liberated area.After the analysis of the system design and the implementationcondition, based on the cooperation with the late Qing Dynasty and the Republic of China, considered the condition of the jury system inanother modern countries, the paper summarized the features of thesystem of peoples assessors in the revolutionary period from the legal,political and historical area. Then made the development of the systemof assessors after1949, analyzed the influence of the revolutionaryperiod system of peoples assessors to the present system of peoplesassessors from the system and idea aspects. Finally made a historicrecommendations for the reform of the present system of peoplesassessors.