Comments On The People’s Jury System

Judicial democracy and judicial justice are the universal values pursued by of the world in their administration of justice, and the jury system, as a concentrated expression of judicial democracy and justice, experienced a very long process from its emergence to development. Today, the jury system is mainly divided into two types, one is Anglo-American jury system, represented by the Great Britain and America, another is Assessor System, represented by Germany and France. We have formulated the People’s Assessor System with Chinese characteristics on the basis of the judicial experience of various countries. However, this system has not embodied its superiority on the legislative level in the long-term practical applications, with many drawbacks. For this reason, the Higher People’s Court of Henan Province has launched a People’s Jury System, and has carried out the work in the whole province on an experimental basis. This system, once launched, has been widespread concerned in theory and practice community, getting a lot of praise but also a lot of criticism and doubts.This paper will explore the basis of legitimacy and necessity for the People’s Jury System in the current legal framework by contrasting the People’s Jury System with the foreign jury system and our country’s People’s Assessor System. At the same time, the paper also puts forward some opinions of relevant details for the People’s Jury System, with a view to carry out this experimental work more smoothly and healthily.