Research On The Issues And Countermeasures Of The Jury System In China

In order to further improve the people's jury system, and promote judicial democracy and justice, on April 24 th, 2015, the 12 th session of the National People's Congress through “about authorization in parts of the decision of the people's assessor system reform pilot projects”, and issued “the people's assessor system reform pilot program”. The program makes the people's assessor system become a hot topic of legal theory and judicial practice to discuss.With the deepening of the reform of the judicial system, people have better understanding about the value of the people's assessor system. On the one hand, the jury system can improve the degree of judicial democratization and judicial credibility, at the same time, it can improve the rationality and acceptability of the trial results. On the other hand, we can't ignore the law education function of the jury system. But we have to admit that the jury system in China exists many problems, specific displays in: the defects of legislation, the imperfection of the related regulations of the jury system; lack of universality of the selection of the people's assessors and the management supervision mechanism is not perfect. Besides, although the courts explore the collegiate bench and the expert jury system, but they still failed to change the situation that the jurors have not enough enthusiasm and legal quality. The phenomenon of “join but not judge” is common. In view of this situation, to review and improve the jury system is especially important.The proposal of the jury system reform pilot scheme points out the direction for the development of the jury system. The pilot program improves the jury system in several aspects, including selection conditions, selection procedures, jurors participate audit scope, audit authority, exit and punishment mechanism and security system. Trial courts have also actively explored new pattern. Although reform work has obtained preliminary results, but the implementation of the pilot measures still exist some problems. To solve these problems, this paper puts forward suggestions in several aspects, including the selection of jurors and exit mechanism, the court before marking system, case review mechanism, the rewards andpunishment mechanism and training methods.To make the jury system out of the dilemma and to guarantee people's assessors indeed involved in the judicial activities, people can truly feel the fairness and justice in the side.