The Idea To Improve Our Jury System

This paper attempt to take the skopostheory as a guide and explore the path to improve our jury system. Firstly, this paper examines the interests and needs of various specific subjects in the jury system, obtains the "greatest common divisor" of the parties’purposes, that is "let the judgment reflect the public opinion" and takes it as the base point of our jury system target. Then the paper demonstrates the significance to take "let the judgment reflect the public opinion" as the base point of our jury system target. Finally, the paper proposes the idea to improve our jury system, based on the return of the purpose of the jury system to its basic point, by the means of eliminating the jurisdiction and rationalizing the channel of the public opinion into justiceThis paper is divided into three parts:The first chapter, taking the skopostheory as a guide, explores "the greatest common divisor" of the main purpose of all parties in the jury system, to determine the basis point of the purpose of the jury system. The first section by using the method of historical research, demonstrates the role of the political function of the jury system at the national level is much larger than the meaning of judicial democracy. Even in the Shaanxi-Gansu-Ningxia Border Region Government period and the early days of founding when the jury system has become a symbol of democracy, the role of the political function of the jury system can not be covered up. The second section, from the perspective of the Court’s jurisdiction-based, analyze the situation that although the court system on behalf of professional judges, based on jurisdiction-based exclude the jurors that share their power, yet in order to meet their own needs, by virtue of its status in the implementation in the jury system, will be the purpose of replacement of the jury system as follows:to effectively resolve disputes. The section Ⅲ, taking theoretical basis of the jury system as the starting point, analyzes the reasons that the parties do not trust the jury system, as well as the desire of the parties to achieve the purpose of jury system. The fourth quarter, from the pragmatic perspective, studies the jury’s purpose that the people actively participate in people’s jurors terms of nothingness. The section Ⅴ, taking skopostheory as a tool, further deconstruct the elements of the purpose of state, courts, parties, people’s jurors under the jury system, and seek the "greatest common divisor" of the purpose of the parties, that is "the judgment reflect the public opinion", and determine it as the purpose of basis point of jury system.The second chapter, from the perspective to "strengthen the judicial argumentation, and safeguard the public reason of justice", demonstrate the importance to take "the judgment reflects the public opinion" as the basis point of the purpose of the jury system. The first section analyzes the situation that the administration of justice can not be divorced from the social public opinion and the judge is unable to consciously resist public opinion, and further pointed out that public opinion, ordered to enter the judiciary, through the jury system this platform, can strengthen the judicial argument of the judge, so that the judge can rationally be in the face of public opinion, to better ensure the independence of the judiciary. The second section follows the following argumentation:Public Reason and Justice rational intersection constitutes a judicial public reason; public reason is the main reason in the public domain "negotiation" process to achieve; judicial public reason embodies judicial communication; The key that public reason in the field of justice gain the normative force is to construct a "public"; The jury system based on "Let the judgment to reflect the public opinion," is the best platform to build the "public"; The determination of the jury system basis point is the key to safeguard judicial public reason.Chapter Ⅲ, based on "the jury system destination-basis-point return", taking "get rid of jurisdiction based rationalize public opinion into the judicial channels" as a way, put forward the idea to improve the existing jury system. The first section has two parts, respectively, from the guarantee of the diversity of the jurors source and the protection of the clients’pretrial right to choose the angle, put forward the idea that improve the approach of electing the jurors and procedural safeguards. Section Ⅱ analyzes the scope of application of the provisions of the current jury system is too abstract, and arbitrary discretion of the court according to their needs, intrudes on the procedure options of the parties, results in the jury system for excessive, results in the jury system exist in name only, and then made the perfect case for the scope and parties to the program option requirements. Section Ⅲ, from the point of view of the power game, analyze the situation that people’s assessors in the collegial panel field region stay at a disadvantage, and you need to reset the game conditions, to change the game environment. And then proposed to strengthen the power of the idea of people’s assessors through improving a minimum percentage of the people’s assessors in collegial panel and adopting binding collegiate system.