The Empirical Research On People’s Jury

In recent years, the term "people’s jury" appear frequently in people’s vision Especiallyafter the experimental work on the people’s jury system of Henan court system, reformingand improving the jury system become the focus of the theory and practice of community,again.The improvement of the jury system has been the problem of the problem in China’sjudicial.In the context of the people’s jury experimental work of Henan Province court system.The author thinks it is necessary for us to have a systematic empirical research on theoperating conditions of the people’s jury system.After an introduction, the author get an opportunity to practice in the Second Chamber inPingdingshan Intermediate People’s Court. In practice,the author Reads a large number offiles, analysises and summaries the cases which is Participated in by people’s jury.and visitsand investigates the judge in Pingdingshan Intermediate People’s Court. brings together awealth of information,Greatly enriched the content of the paper.The people’s jury system is an useful explore based on the the jury system.It has its owncharacteristics on staff size, elective mechanism, the rights and obligations of the jurymembers as well as The effectiveness of opinion which maked by members of the jury. It isalso different from the jury system in the existing system and jury system in the westerndountry.There is a great distance between the People’s jury system and the real jury system, butthere is a big step forward compared to the existing jury system. For example, the broad andrepresentative of the members of the people’s jury, can further avoid the trend of theprofessional; another example, the members of of the jury have the right to express their views without interference, can further enhance the status of the members of the jury; also,the delimitation of the types of cases, the trial of the jury can be more practice operability; thejudicial resources can be reduced and the Judicial efficiency can be increased.However, the People’s jury system is a beneficial exploration based on the the jurysystem. Inevitablely there are some problems in it For example, the mechanism ofelecting members of the People’s jury still can not avoid the trend of the professional. Partiesto the case does not have the right to decide whether to participate in the case by a jury, thecases which are particitared by the jury are unevenly distributed, the jury does not haveproper position in court;as well as the comments made by the jury does not have the bindingeffect of course.But we can not negate it totally because of these defects. The author argues,we should correctly deal with the experimental work of the people’s jury system, and drawreasonable factors, to constantly improve our current jury system. Only in this way, we canbe really based on the national conditions, and can find a suitable litigation system for China.