On The Deficiency And Improvement Of The People’s Juror System

As the former Soviet Union’s litigation system has profound impact on ours, the currentChinese jury system is basically a transplant model of that of the Soviet Union’s and thedevelopment of our jury system derives from the following of the trial model of the continental lawsystem. According to the rules of Chinese Court Organization Act, when a people juror is on hisduty in the People’s Court, he is a member of the trial divison in which he participates and hasequal rights with the judge. That is to say, it is a trial system that people jurors and judges have nospecific division of work and they jointly determine the facts and legal issues, which is known asthe people’s jury system. From the perspective of theory and judicial practice, the people’s jurysystem has been confronted with numerous difficulties. Therefore, people argue that whether itshould be abolished. However, the jury system still has much positive significance on Chinesepolitical democracy, judicial independence as well as the course of justice. In order to ensure thereal implementation of the jury system and achieve its proper purpose, we should not only improvethe theoretical construction of specific systems, but also face the reality. What’s more, we shouldalso be targeted to slove the existing problems one by one, such as improving the number of peopleparticipating in the judgement and enhancing the security of duty implementation. Based on theanalysis of the people’s jury system implemented in Ningbo’s11grassroot courts, this paper tries toprobe into the advantages and weakness of this system, so as to seek a better solution for its betterimprovement, make it more vigorous and creative and give full play to all its functions. As a result,it will further promote China’s socialist legal construction process.