Study On Chinese Jury Elective System

The Chinese jury system is an important litigation system, which is the systemthe Court in the trial composed of the jurors. In our country, the conditions andprocedures of the jury elective is unique.This paper is divided into four parts except for the introduction and conclusion.The first part, a review of the development of Chinese jury system. Traced backto the development of the jury system, including the development in Early Days,during the Cultural Revolution, a period of time after the Cultural Revolution, theearly eighties to the late nineties, and the development of jury system in recent years.The second part, an overview of the system of juror elected. Election conditions,expounded jury selection procedures, rights, obligations and duties of the jurors,through a comparative analysis of the relationship between people’s jurors and judges,at the same time, explore the value of the system of juror elected.The third part，on the foundation of the second part, pointed out the problems ofthe contemporary Chinese jurors elected system: legislative inadequate attention, thesystem did not focus on the qualifications of elected absorption of professionals, eliteelective conditions contrary the democratic value of the jury system, the court in theelective process role is too large to influence jurors exercise of power, the term of thejurors is too long.The fourth part is the focus of this article, this part try to find a solution of theproblems mentioned in the third part. First, re-establish the constitutional status of thejury system. Second, improve the jury selection procedures, with the conditions andprocedures prescribed by law. Third, the court shall not interfere with the same levelof judicial and administrative departments, clear terms of reference. What is more,straighten out the relationship between the jurors and the judge, make the point clearlythat there is a delineation of authority between the judges and jurors. At the same time, clear mutual supervision relationship between the jurors and the judge. The last point,limit the term of the jurors.The conclusion summarized the main views of the paper.