Study On The Criminal Jury System In China

Criminal jury system is a system that allows the judicial organs to invite the participation of non-professionals in their trial of cases.The earliest origin of this system dates back to the ancient Greece and Rome.The criminal jury system with modern significance originated from the UK and spread to the outside along with the outward expansion of the country.Current criminal jury system mainly includes the pattern of jury system,the pattern of mixed bench system and the pattern of non-typical Japanese system of referees.The pattern of the system of people's assessors as adopted by our country is considered as one of the pattern of mixed bench system.The criminal jury system has many legal values,including the realization of democracy and justice and the protection of civil liberty.However,in our judicial practice,the implementation of this system has encountered the bottleneck difficulties with many problems that need urgent solutions.This paper has carried out research on the criminal jury system and has then put forward countermeasures and suggestions for the existing problems in our criminal jury system on the basis of taking into account the current practice of our judicial reform and drawing on the successful experiences of foreign countries.The discussion of this paper is divided into 5 parts.In the first part,the writer has introduced the background in writing this paper.In the second part,the writer has introduced the definition and the value of existence for criminal jury system,as well as the different patterns formed in its development and its historical evolution in China.In the third part,the writer has elaborated on the existing problems of the country's criminal jury system,wherein the focus is given to the lack of a systematic legislation support,the defects of the selected pattern and the unspecific scope for its application in cases.In the fourth part,in addition to putting forward the view on the debate over its reservation or abolishment within the academic circles,the writer has also proposed the suggestions for the improvement of the country's criminal jury system.In the fifth part,the writer has raised the expectation for the criminal jury system.