A Comparative Study On The Jury System Between China And America

The jury system has been an important part of judicial process all along.It is an important system to guarantee judicial democracy,broaden the channel for the public to participate in judicial activities and prevent judicial corruption.Chinese System of People's Assessors is now implying pilot reform,to perfect itself and exert its deserved effects.The jury is the first mode of jury system,Britain is the first one to create modern jury,which is on the road of fading,while the jury system is prosperous in America since it was introduced.America has become the most representative country for jury system.Chinese pilot reform borrows partial practices of the jury system in some extent.We can learn from the quintessence of American jury system,through the comparative analysis,to provide a better direction for the people's jury system in the future.The author starts from the origin of the jury system.The first chapter makes clear the definition and describes the development from jury system to the assessor system from the historical angle,the rudiment of jury system in Britain and the spreading in British colonies and the European continent.The next chapters are about the specifically horizontal comparison between two countries of features and the merits and demerits.The second chapter starts with the historical evolution.The jury system in the United States has a long history,whereas it was introduced to China since the modern times,which can tell a big difference of its legal status.Similarly,the jury system in both countries is in constant reform and development,but also faces some difficulties.The third chapter is the analysis between the application of jury system,the provisions of the law and the actual operation of the situation is very different,facing different circumstances.The fourth chapter is the comparison of the jury selection mechanism.Through this chapter,we can see the shortcomings of the people's assessor system in the selection.The fifth chapter is the comparison of the trial pattern,the division of roles between the jurors and judges and the specific trial methods,the differences between the two countries are great,and each of these two systems have their own advantages and disadvantages.The last chapter ends with the System of People's Assessors pilot reform program.The author analyzes the merits and faults of the reform,how is it going on the courts and the problems the courts are facing nowadays.The author appraises the reform program in whole and gives several suggestions on where the reform is needed.Through the pilot reform,the author analyzes the possibility of the application of jury.The people assessor system is not only a judicial system,but also a political function.Now our country is paying more and more attention to its value,and has been exploring and improving its existing problems,either from the legislative level or the practical level.Finally,the jury system will play its role in protecting judicial democracy,judicial justice and safeguarding the rights of citizens.