A Study On The System Of People’s Jurors In China

The jury system, as an important part of the judicial system, is the qualified citizens who become the jury according to certain the election process, to participate in the national trial tasks, and enjoying the power of administration trial. Nowadays, the jury system in the world is mainly the jury system model, which is represented by common law system countries; and the another is The System of Participating Trail, which is represented by the civil law countries. The implementation of the jury system is the main form of citizens’ participation in the judicial activities, the operation of the jury system contributes citizens to exercise their rights of supervision, to prevent judicial corruption, is also an important system to realize social fairness and justice.Ancient Greece is the birthplace of the jury system, the produce and development of the modern jury system in England and the process of long-term prosperity in the United States reflects against monarchy and implementation of bourgeois democracy and freedom. The people’s jury system is one of the important judicial systems in our country the people’s jury system, which judges a case combined with judges and people’s juror, directly participating in the trial activities and exercising the judicial power for the represent of the masses, which reflects the political theme of people as master and popular sovereignty. The jury system has existed for nearly one hundred years in our country, and it has experienced several stages of development, and gradually improved and innovated with the change of judicial environment. The western jury system was introduced at the end of the Qing Dynasty, the establishment of the red political power in the workers and peasants under the leadership of the Communist Party- the 1931 Soviet Temporary Central Government, the people’s jury system which is bright the political system and judicial system is officially confirmed by law.In the new period, The Decision of The Standing Committee of the National People’s Congress on Improving the System of People’s Jurors was implemented in May 1, 2005, which makes a milestone in the development of the people’s jury system of our country. The Provisions on Several Issues Concerning the People’s Jurors to Participate in the Trial Activities, was adopted in November 2009, to further regulate the people’s jury system. On April 1, 2015, the central leading group to deepen reform held the first meeting, which deliberated and approved The People’s Juror System Reform Pilot Program, which makes the development of the people’s jury system enter a brand new era.In the new period, even if the jury system in China has gotten prosperity and development, but the old problems such as Presenting without Hearing and Judge outside the System has not been fundamentally solved under thisProsperous appearance. To avoid The People’s Juror into The Foil Part, how to solve the existing problems in the China’s jury system, and make the jury system really give full play to its role in our country, for realizing the proper meaning of the people’s jury system, which is the main issue of this thesis.The whole paper is divided into five parts:The first part is The Overview of the Jury System. The jury system is divided into the form of jury system and the form of the system of participating trail. The system of people’s jurors should belong to the model of the system of participating trail. The core of the jury system lies in the citizens’ participation in the judicial adjudication, the exercise of the judicial power, in order to demonstrate the Democratic politics. As jury personnel who conforms to the conditions of ordinary citizens, after a series of procedures for the selection of the jury, to hear a case and judge together with the judge.The second part is The Study on the Foreign Jury System. With the background of the formation and development of jury system in different countries, the characteristics of jury system in common law system countries and civil law countries are analyzed. The Anglo-American jury system contains these characteristics such as democratic fairness in selection, decentralization in function of the jury, and wideness at the case applied, etc. In contrast, the civil law jurors who their identity is independent, owns the same authority with the judges, and is limited by the scope of participation in the procedure of litigation, etc.The third part is an overview of the system of people’s jurors in our country. The first introduces the formation and development of the jury system in our country, from the trial before the founding of the PRC to exploration after the founding of new China, the people’s jury system exercises ups and downs of the development history. The second illustrates that it is very necessary to implement the system of people’s jurors in our country, based on the two aspects of the political function and judicial function.The fourth part is the reality and deficiency in our country accomplishing the system of people’s jurors. The first introduces that the system of people’s jurors has made achievements in the new period, and plays a role in the trial practice, then existing shortcomings and defects are pointed out behind these achievements, finally analyzes the reasons for the existing problems in the people’s jury system.The fifth part is the recommendations for implementing the people’s jury system, due to the existing defects in the present stage at judicial practice of the people’s jury system, the author puts forward some suggestions for improvement under analysis its causes of formation.