The Constitutional Foundation Of The People’s Jury System

The people’s Jury System is an important part of the Chinese judicial system.Politically,it is not only a pattern of people to participate in the management of state affairsdirectly, but also a manifestation for democracy and law. On the rule of law, it is to protect thefundamental rights of the citizens, to supervise the administration of justice and it’s animportant means to prevent judicial imperious,ensuring the administration of justice. Thepeople’s Jury System in China came in to being in the era of revolutionary base of theCommunist Party of China, it’s drawn on the experience of the Soviet model.In the1950s,thesystem was once brilliant, but the subsequent development of the ups and downs. In1954,the"constitution" explicitly stipulates the system of people’s assessors,but "constitution" wasabolished in1975, afterwards,in1978"constitution" wsa recovery,but abolished again in1982.Investigate its reason, it may be related to the overall background of the constitution andthe function of the assessor system itself.Thus, resulting in many theoretical disputes, such asthe problems that the The people’s Jury System went against the"constitution" and whetherthis system should be existed.This paper believes that the constitution text itself althoughdoesn’t stipulate The people’s jury system, however it does not lead to the system ofunconstitutional. It exists foundation of the assessor system in the constitution. The people’sjury system has important significance in the implementation of the constitution, and it shouldbe consolidated and improved.This paper is divided into five parts.The first part mainly introduces the origin anddevelopment of the jury system, the history of the evolution of the assessor system in Chinaand the foreigncuntries, the part is a general understanding of the assessor system.The second part mainly talks about the relationship between assessor system andconstitution, that is,the constitutionalism is the origin of The people’s Jury System,itsdevelopment history is closely linked with judicial democracy and politicaldemocracy,reflecting the constitutional value of democracy.The third part firstly reviews the new statement of The people’s Jury System in theconstitution, then it analyzes the theoretical disputes on the Constitution and the objection ofconstitutional theory, and discusses the reasons why the Constitution does not stipulate thepeople’s jury system.Lastly it is found that the constitution has its reasonable basis of The people’s jury system.The fourth part demonstrates the significance of The people’s jury system in theimplementation of the constitution mainly from the democratic value,people’s supervisionmechanism, human rights protection mechanism, human care and the protection of right.The last part is to solve the problem of the existence of people’s jury system.it putsforwards the measures to consolidate and improve the constitutional basis for the people’s jurysystem.That is to rise the people’s jury system as a constitutional principle, and to formulated aindependent law of The people’s jury system, to revise the qualifications of assessors and toendow the clients the right to choose jury.