Study On Civil Jury System In China

With the acceleration of the rule of law in our country, people's awareness of the law is also improving, people's expectations of democratic justice is more intense. But, due to the civil jury system in China in the cusp of judicial reform, civil jury system in China is facing more and more pressure, the right to a jury trial independent execution are faced with a dilemma. How to improve our civil jury system has become the focus of public concern.Throughout our entire legal jury system, the civil jury system is in accordance with China's national conditions, the creation of a foundation of judicial system, is an important channel for the masses to participate in the trial, the judicial democracy of a sword, is a powerful lever to balance social contradictions. In January 1,2005 the implementation of "the decision on improving the people's jury system" in the legislative level, the civil jury system is the subject of justice and justice, is the guardian of justice. The decision of the civil jury system is too conceptual, and there is no specific operability, how to achieve, when to achieve the system of justice, democracy and justice value of no stage guidelines, but stressed that the system in the legal sense of the role, if implemented in practice will be difficult.Firstly, this paper analyzes the concept and value of the jury system, and introduces the common civil jury mode and its development history. The jury system is a kind of judicial system, which is based on the will of the ruling class, in the form of a written law, absorbing the citizens to participate in the trial of the case, and supervising the discretion of the judge. There are three common types of the jury system, which is the system of the Senate, the jury system, the people's jury system. Civil jury system will help to settle disputes, establish the authority of law, legal education and the promotion of fair trial work.Secondly, this paper analyzes the current situation of China's current civil jury system faced with the plight and causes. The basic content of the civil jury system should include the following aspects, such as the trial of the first instance, the authority and the proportion of the trial, so as to clarify the application scope of the jury duty and the jury system. The civil jury system in our country is severely restricted by the political factors. The purpose of the jury system is to be put into trial procedure. Our country current civil jury system faces the dilemma mainly has the following several aspects:first, in the law set up the existence basic hidden trouble. The implementation of the people's jury system is an important part of the rule of law in our country, the legal spirit of the democratic state, but it is not clearly defined by the constitution, there is a "fundamental law of nature", resulting in the judicial organs of China has achieved the dominant power; two is the lack of uniformity between different departments and regulations. The legislative body of the people's jury system of the concept and scope of application should be unified to the height of the specific interpretation, rather than the system, with different French language, the legal norms of the text to be determined; the three is the restriction of the appointment of jurors. In our country the current people's jury selection system, emphasis is the jury of the education level rather than a sense of identity of the masses, of people's assessors for re-election in curing and the stiffness of appointed by the jury system; jury power was overhead, In the professional trial team, the people's jurors are only a supporting role in the selection of the elite, the lack of control over the actual trial, the five is a relatively vague scope of the jury. Criminal procedure law, civil procedure law and administrative procedure law do not mention the scope of the jury trial, the scope of the jury trial is very flexible, which makes the people's jury system can not give full play to the supervision, resulting in a lack of trust in the actual role of the jury, six is not set up a special management agency. The lack of the support of the special jury management mechanism, the application of the civil jury system. Because of the responsibility of the jury is too rough, the incentive mechanism is not perfect, the judge has the power of autonomy, the lack of the protection of the constitution of four kinds of objective conditions, in addition to the subjective aspects of the jury and the misunderstanding, resulting in the emergence of China's civil jury system more difficult.In the end, the paper puts forward a solution to how to improve the civil jury system in our country. From the restoration of its constitutional status, the concept of coordination is not consistent with the concept, improve the right of the jury, clear the scope of the jury, the establishment of specialized agencies and other aspects of the start, complement and optimize the civil jury system.