Research On The Perfection Of People's Jury System In China

As the most important political system of our country, the people's jury system has reflected the mass administration of the state. It is an essential path to realize the people's political participation through people's jury involved in the trial of cases, and it is helpful for effectively direct supervision to the trial work of people's court, realization impartial and honest administration of justice, enhancement on recognition towards administration of justice, making sure the independence of judges to discharge their functions and powers, promotion on credibility of the judiciary, as well as providing a new way to resolve the conflicts in judiciary cases at the same time. It can be said that the people's jury system has a huge and far-reaching impact. But the people's jury system is facing types of embarrassment in judicial practice including not unified selection system on people's jury, unclear regulation body, and lack of occupation security which resulted in serious “formalism” on the work of people's jury system, common phenomenon of “company without trail”, unwillingness to perform their duties, ineffective performance on the duty of jury, and difficulties to play its political as well as judicial function. The root cause of these problems is that the existing people's jury system is not mature enough with some defects and deficiencies, which reflected in overall aspects including selection of people's jury, management, involvement in trail, and security based on analysis of real working situation of people's jury. In order to change the working situation of people's jury and improve the people's jury system further, we should improve the people's jury system from various aspects from selection, supervision, education, training, performance appraisal and security, relying on function of the people's jury, constructive experience from abroad, and combination of our actual situation as well as judicial environment. Specific measures included: distinction between general and expert juries, completion of selection mechanism on people's jury, improvement on daily administration and evaluation system, exploration on establishment about rating system of people' jury, enhancement on supervision and accountability mechanism, perfection the security of people's jury, attention on involvement of NPC, as well as strengthening education and law popularization work.