Studies On The Japanese Saiban-in System

May21,2009, Japan’s long-awaited "referee system was implemented. Thereferee system allows ordinary Japanese citizens to participate in the trial of majorcriminal cases, sound social common sense and into the judicial practice, in order toincrease the understanding and trust of the national judicial decisions. Japanesereferee system, we can draw on its conducive to resolving the problems of China’scurrent system of people’s jurors system design, material and information so as tofurther seek the people’s jury system framework suitable for China’s nationalconditions and specific legal norms.The article is divided into five chapters. The first chapter is the history of the jurysystem in Japan introduces the background and all the work done for the formulationof the "referee" prewar jury system in Japan and Japan’s third judicial reformintroduced when the referee system. Next, through the second, third, four chapters onthe basic content of the referee system are introduced, and a critical analysis of someof the rules designed referee system; second chapter introduces the basic structure ofthe referee system, the main contents include: applicable to the case of the refereesystem, the composition of the collegial panel, professional judges, with thepermission of the referee, the referee elective procedures as well as the referee’sobligation to its dismissal; Chapter III court proceedings in the referee system theintroduction, there is more concern to adapt to the referee system set up in theestablishment of new criminal proceedings pretrial the finishing program; Chapterintroduction of protection measures and penalties referee. The final chapter, theauthor on in Japanese referee system introduced on the basis of the system, Japanesereferee system innovation draw, put forward some constructive ideas on improvingour people’s jury system.This paper aims to carry out a more systematic introduction of Japanese refereesystem, and put forward some constructive ideas to make some contribution to theimprovement of people’s jury system in China based on the improvement of people’sjury system in China.