Study On Jury System

The "join but not judge" phenomenon has a long history. The theory and practice all discovered about it. But finally they point at people’s jury system. The former research were usually limited to the comparison of the west similar system, without systematically analyzing the development history of people’s jury system in China. This thesis tries to dissect the jury system by tracing to its source, and investigate the possible direction of people’s jury system by connecting to its current situation. The thesis can be divided into four parts:The first part describes the current situation and shortage of the jury system of our country,point out the imperfection of legislation and the questions occureed in practice commenced from the present situation of the legislation and the judicial practice respectively, and analysed it.In addition, introduced the controvercy of the exsist of the jury system in theory circle, affirmed that we should consummate the jury system in our countey.The second part is the evolution of the jury system of our country. Described the history of development and legislation evolution of jury system in our country since ancient, presents different characteristic of jury system furing different periods, reappeared the process sonsisit of germinate,development, decline and revive in our country.The third part is the comparative of jury system between the two law systems. This part summarized the different characteristics of jury system of the two law systems, take United Kingdom, the United States, France and Germany as examples respectively,and compared.The fourth part emphasizes the reformation and consummate of the jury system of people of our country.Analysed the value of the jury system firstly, affirms its vital function in the process of our legal system. By analysed the typical jury system module in the world, and draw on the experiences of them. Under the guidance of the basic ideas of reformation, I present the conceive of consummating the jury system from the legislation, the scope of the cases, the selection and the rights and obligations of people assessor etc.Although the jury system has a lot of problems in our practice, we should see the important function and value of its existence and improve it to adapt to the social development.