The Causes And Countermeasures Of Nominalization Of The People's Jury

Besides introduction and conclusion, this article will be divided into three parts.The first part mainly studies on the meaning of nominalization of the people's jury, as well as the manifestations. So-called “nominalization of the people's jury ", refers to the jurors not in accordance with the law as members of the collegiate bench in accordance with law,exercise the jurisdiction. The nominalization of the people's jury, mainly for the following three points: first, the jurors only participate in the trial, but, not to participate in the deliberation of the collegiate bench. Second, the jurors only participate in the trial, only issued the emotional opinions or "have it both ways", in the process of deliberation with reference to the opinions from other members of the collegiate bench. Third, jurors has to be prepared for the deliberation of the collegiate bench, can provide valuable opinions, but these ideas often "turn a deaf ear " by the judge.According to the results of the empirical investigation on the court, the first case is the main manifestation, the probability of the after two kinds occur in practice is less, because the jury normally don't participate in the deliberation.The second part mainly studies on the causes of the nominalization of the people's jury.Specifically, the causes of the nominalization of the people's jury mainly include the following six aspects: firstly, the shunt mechanism of complexity and simplified is unreasonable and the judicial organization designed is not science, in our country. Result that courts have much high pressure on trial,, need to take full advantage of the "primary value" of the jurors, but because the court don't have the power to compulsive the jurors must accept jury duty, reality the "randomly selected" jurors method is not feasible. Backlog of large quantity of jury in several fixed "professional jurors” shoulder, large amount of jury duty, the jurors have no time to deliberation. Second, the deliberation mechanism is opaque, and the fact is that the absence of external supervision and the internal supervision indulge, led to the randomness of deliberation, so it unable to set the effect of evaluation, the jurors is difficult to make a valuable deliberation. Third, mastery of the case information imbalance between jurors and judges, jurors before the trial is not reading the material about the case, and these evidences examined turn to formalization during the trial, thus, inadequate trial, jurors in a trial are basically not have a comprehensive understanding to the case facts and evidence,after the trial, there is no mechanism to secure the jurors the right of marking too, and the judges have marking rights before the trial and the after what make its advantage in aspect todetermine the case facts, in terms of the applicable law also occupies the absolute position of"monopoly", while, because the asymmetry of case information, the jurors cannot provide valuable opinions; Fourthly, under the responsibility of misjudged case, the judge face huge risk form judgment, and in practice basically there is no precedent on jurors bear the responsibility. The judge in order to avoid risks, cases related to the referee opinion will ask for permission of administrative leadership, or consider their advice as the final judgment.Certainly, the opinions of the jurors those who are not need to responsible for the quality of cases basically ignored. Fifthly, the administration of judicial power operation in our country,in the court, the collegiate bench of judges opinion are often required through layers of approval, the outer court, public opinion, the superior court or administrative leadership of political meddling, have to cause significant damage to the lack of independence of court, the final decision is most likely the result of compromise. Sixth, there are not democracy and the rule of law of survival soil that fit to the jury system in our country. The jury system,generation, changes and development has a close relation with a country's democratic and rule of law concept. The degree of democracy and rule of law has a great influence on the effect of application of the jury system.The third part mainly is aims at expounds of the causes in second part proposed countermeasures, hope to solve the problem of nominalization of the people's jury, in a certain extent. About specific countermeasures mainly expounds from the following six aspects: first,made a brief evaluation about the effectiveness on the reform pilot program of the people's jury system in combination with the concrete measures of a trial court in solving the nominalization of the people's jury Second, first of all, from the design scientific and reasonable the shunt mechanism of complexity and simplified, expand the channels of trial procedure and the legalization of civil jury duty three aspects to reduce the jurors jury cases,make jurors have time and energy to participate in deliberation. Thirdly, through make the result of deliberation appropriate transparency and strengthen the internal supervision in deliberation of the collegiate bench, to complete the deliberation mechanism of the collegiate bench, security the deliberation program smoothly; therefore, jurors have the opportunity to issue their views. Fourthly, protect the jurors' right to get case facts informed, through the establishment of principle of direct wordage, to establish the mechanism which trial as the center of the fact finding and empower jurors marking after the court, make the jurors could fully digest evidence of case information, to ensure the jurors can issue opinion in terms ofthe fact finding. Fifthly, reasonable design of the mechanism on responsibility of misjudged in criminal cases, urge judges obey the professional ethics at the same time, to be able to resist from the person who is not the member of the collegiate bench want to interference the result of case, in jurors' tenure, shall be investigated for legal responsibility by those behaviors: jury deliberations attitude is not correct, reveal the trial secrecy, taking bribes, And so on violation of “professional ethics”, prompting jurors seriously review jury responsibilities. Sixth, wipe administration of the jurisdiction, through scientific set the operation of judiciary supervision mechanism and perfect the judge professional guarantee mechanism, to return the judicial jurisdiction to the collegiate bench, make the jurors valuable opinion has the potential to be adopted.