The Improvement Of The Jury System In China From The Perspective Of Response To Public Opinion

As the social public opinion pays more and more attention to the judicial activities,the social public opinion affects the justice more and more strongly. After the "Xu Ting case", "Li Changkui case" and a series of cases with significant social influence, the public opinion in justice gradually have become the focus of the public concern and the hot spot of the theoretical study in China. After a long discussion, the judiciary should respond to the public opinion, which has become a basic consensus in the circle of the theory and the practice, now the focus is transferring to how to respond to the public opinion. Most scholars believe that the jury system is the best way to respond to the public opinion. However, there are still many ambiguous and misunderstanding problems in jury system about the response to public opinion. And there are many defects in the jury system itself, so that it can’t respond to the public opinion effectively.Currently, it lacks systematic theory research on jury system about the response to public opinion in China, and foreign countries’ jury system has a long history and rich experience which need us to rethink and reference. So in this paper the author will discuss how the jury system effectively respond to the public opinion, and analyze how the foreign countries did it, then combine with them to come up with some conceptions of reforming the jury system in China to respond to the public opinion effectively.In this paper, based on the basic theory of jury system and response to public opinion, we mainly adopt type analysis method, value analysis method and literature research method to study the relationship of the jury system and the response to public opinion. From the perspective of response to public opinion, the research on the jury system reform is of great importance for researching how the judicial adjudication effectively respond to the public opinion.This paper is divided into six chapters, the first chapter mainly talks about the theoretical and practical significance, the current research situation of the domestic and overseas, and some research ideas and methods of this paper. The second chapter aims to clarify the relationship between the jury system and the response to public opinion.First of all, it introduced different theories about the public opinion, and introduced the history of jury system. Then it explored the natural and formal relationship between the jury system and the response to public opinion. Chapter three mainly talks about thedefects and reasons of the response to public opinion. The fourth chapter respectively presents and analyzes jury system in the common law countries and the system of participating trial in continental law system about the system design of public opinion.Through learning the experience of countries outside, this research is aimed at exploring the perfect ways of the response to public opinion by jury system in our country. After analyzing the defects of the jury system about response to public opinion and learning the experience of countries outside, the fifth chapter puts forward the specific measures of reforming and perfecting the jury system to respond to public opinion effectively. Finally, the sixth chapter makes a summary to this paper.