Comparative Study On The People’s Jury And The Jury System In Hongkong

The Peoples Assessor System is one system with Chinese characteristics which means that people can take an active part in the judicail trials. It is the way that people participate in the state and socail management, the requirement of senate judicial democratization and the motivation of the socialist of rule of law. the syetem has very important meaning and value. We can make a definition about the system that the judicial organs enrol people as a menber of justice which can participate in the case. It is an basic litigation system that comes from Britan. Then at the end of the Qing Dynasty, it appeared in our country. The system has been working for more than half a century whose function has be accepted by people. With the development of society, the deficiency of the system begin to show of us. Especially with the judicial reform, peoples’ requirement of the judicial justice and democratic and transpsrent is more and more obvious. And we must pay attention to it. But in reality, the system is not so satisfying. The imperfect legislations lead to chaotic operation in parctice. As a result, the system is a only a formality sometimes which is contrary to the motivation. The July system in Hongkong has origin legal tradition. And it works well. We can draw lessons from it. Contrasting the two systems’ content, function and meaning in the "one country,two system", wo can change the peoples assessor system’s defects, and make it perfect.According to the thinking of finding, analysing ang solving problems, I make the essay into four parts.The first one is to introduce the current situation of the peoples assessor system. I will carding the change of law about the system to find the defects of it. Then list the situation and problems, make it clear that wo must reform it.The second part is feasibility analysis of borrowing from the July justice syetem in Hongkong. There are three points, including the same pursuit value, the possibility of transplantation of law and the compatibility of our country, which deside the success of borrowing.The third part is intruducing the reform measures. This is the most important part of the article. By comparing and analysising the two systems, I will find the reform’s direction and measures.The fouth part is to improve the peoples assessor system. We must uniform the idea and make it accepted by people, then we will make the rule of law society come true.