Reform And Perfection Of China’s Jury System

Jury system is the judicial activity of the participation of citizens in the forms of democracy and the important way to safeguard the rights of citizens. This kind of system plays an important role in the process of rule of law all over the world. The jury system of our country has undergone continuous development. Current jury system--the people’s jury system has its own shortcomings, these shortcomings limit the function of the system. The jury system’s future becomes the theoretical and practical focus. The article focused on reform and improvement of jury system in our country and the development of system of people’s jurors, analyzed the people’s jury system,summarized the problem of existence and inadequacy from the Value expected and legal regulations in two layer, put forward the conception about reforming and perfecting the people’s jury system, to make this one important legal system of the function definition more scientific and reasonable, more in line with our judicial practice and the development of the rule of law orientation. The full text is divided into four parts.The first part of the article is the analysis of the basic theory. Firstly, the definition and the characteristics are analyzed, after the analysis the author pointed out the difference with other judicial systems. Then, the author analyzed the purpose and function of the jury system and pointed out its primary function is to promote justice, the judicial democracy and promote judicial justice and enhance the effect of derivative function, complement, make up for trial power professional knowledge, promote the independent trial and promotion judicature male letter. In particular, our country present jury system of derivative function replaced its native functions, the development of the jury system lost the direction.The second part is the analysis of China’s jury system’s historical development and current situation. Firstly the author expatiated on the historical development of China’s jury of, subsequently,analyzed the jury system running situation analysis, pointed out the main problems, namely the form of value and the actual effect of dislocation, chaotic positioning and perfect the process of occupation of the dislocation, absence of rules, the jury is suitable for uneven, jury duty stipulate general, practice the lack of follow. Deeply searched the reasons, those were the absence of the jury system’s main body consciousness, lack of jury system in constitutional status, lack of people’s jurors arbitrary functions of extension.The third part of the foreign countries undertook comparative study of jury system. In Britain, the United States two major common law represented the National Jury system were considered, France, German two civil law represented the state of the jury system in Russia, Japan, two emerging countries jury system operation was carried out to examine an examination, and in combination with the jury system of our country, on the two big legal systems jury system discrimination compared to the jury system in our country, the construction has provided the theory and the practice reference.The fourth part set a conception which makes perfection of the jury system. After demonstrated the necessity of the implementation of the jury system,pointed the concrete perfecting framework of jury system. Firstly, we should establish a concept, strengthen the consciousness of the jury, including improving the authority of the jury system seriously, establishing the judicial democracy consciousness, enhancing the jury consciousness, and arousing the enthusiasm of masses. Secondly we should enhance the legal status, the law and rules, including the restoration of constitutional status of jury system, clearing the scope of application, expanding the jury choosing, perfecting the jury selection mechanism, the cancellation of fixed or professional jury pattern, the introduction of limited jury system. Thirdly, we should improve the supporting measures, ensure the implementation of the system, including giving the party the option right, improving training and incentive mechanism, reforming the case reporting system, implementing the constraint of collegiate system, reforming the case checking system and responsibility system, and strengthening the jury system for security.The author hopes that reforming and improving the jury system can produce its function effect adequately, implementation of justice, judicial opinion ordered into full consideration the opinion of the objective, so as to promote China’s judicial democracy development and promote the process of rule of law in china!...