Study On The Issues Of The Procedure Of Criminal Jury Trial

Jury system, the form of people directly participating in the judicial power, can be divided into theAnglo-American legal jury system and the Continental legal trail system of assessors, which our trailsystem of people’s assessors in the nature also belongs to. The assessor system in the judicial practiceencounters many problems, and our country is not excepted, either, solving these dilemmas deservingattention. Every system established by an understanding, development and mature, procedure, as a partof jury system, is a tool of achieving judicial power. According to the comparative research andsummarizing methods to analyse program issues, the innovation of my thesis, to ensure the jurorssubstantially participating in the trial, sets corresponding procedure at each stage of the trial, especiallyappellate structure for jury trial on the basis of jurors’ characteristics. From the composition, theintroduction of this article makes a brief analysis of concept and topic on jury system. Then the body ofthis essay altogether contains six parts:Part1, after analysing the significance of the jury, a conclusion is that the main functions areimproving the rigid law, promoting the justice of judicature and enhancing the credibility of the court byfurthering public understanding in three aspects. And the subsequent content clears the issues.Part2, based on giving an analysis of respective characteristics and contrasting technologicaldesigns and functional effects between the jury system and the assessor system, we discuss causes whythe two legal systems are suitable for different trial modes, offering an approach from procedure angleto solve our people jurors’ system having existed problems.Part3, abundant pretrial procedure for jurors in court lay a good foundation, and then we study onwhat conditions apply the jury, whether the defendant has the right to start jury, the right of choosingjury, and jurors’ oath program and so on.Part4, the trial directly affects the quality of the jury trial, so how to make jurors substantiveparticipation in trial is an important issue. We mainly deliberate the relationship of the judge and thejury in the trial, arranging the trial procedure in accordance with the jurors’ cognitive characteristics,how to deliberate and bring a verdict, how to coordinate the conflict between decision reasons and thejury idea, and changing the jury according to the jurors’ traits.Part5, appeal system has the value of correcting the trial error, uniforming law application andmaking the defendant receiving the sentence, but the appeal system’s idea and the spirit of jury existclash. The important contents are whether to appeal the jury trial case, and after appealling, theprocedure of the trial of second instance should be made corresponding adjustment.Part6, through an overall summary, procedure plays an important role to ensure theimplementation of jury system, but my discussion is not enough and comprehensive, which is the futureresearch direction.