The Study Of The Grand Jury System In China

The jury system of China has begun a new round of the pilot reform, and the grand jury system has been put forward. The grand jury system which is different from the past reduces the requirement of educational background, and raises the age requirement. It increases the number of jurors in the collegiate tribunal, enhances the randomness of jury selection procedures and changes the rules which the assessors and judges had equal rights before. The Grand jury system let the jury judge the matter of fact and not participate in the vote on issues concerning the application of law. It is necessary that the grand jury system is implemented in China, because large collegiate bench can improve relative representativeness of the jury views to further highlight the judicial democracy, which is in favor of judicial supervision and improving the public credibility of the judiciary. It can also solve issues including accompany without trial, realize the complementary of citizens and judge, and can properly deal with a large number of cases resulting from filing registration system and some complicated cases in the period of social transformation. After the pilot reform, it is feasible to implement the grand jury system in our country. Civil procedure law and other provisions do not limit the number of jurors, and masses actively participate in the judicial which provide public support. Doubling plan provides support of manpower. Practice has been carried out in the pilot courts, while the experience of jury system reform of South Korea and Japan also shows that the large collegiate bench is feasible. The provisions of "Pilot program" and "implementation" play a good role in promoting the running of the jury system, but there are still not enough. The legal status of the jury system is lower, and the applicable range of the grand jury system is fuzzy. The operability of elective conditions and elective procedure of the grand jury system is not strong. The mechanism participating in the trial of the big jury system needs to be improved. The security of Juror needs to be strengthened to perform their duties. To solve the above problem, we can perfect the grand jury system from the following several aspects.Improve the legal status of the jury system, clear the applicable range of the grand jury system. Improve the selection conditions, the selection procedures and the mechanism participating in the trial of the grand jury system. Besides, strengthen the protection of jurors performing their duties. More important is improving the elective conditions and procedures, and the trial mechanism. We can firmly believe that the grand jury system will be constantly improved through court practice of two years.