Research On The Construction Of The Jury System Of The Separation Of Legal And Factual Trial

AS the product of judicial specialization and judicial democratization combined,the jury system is adopted by many common law countries and civil law countries, and provides a channel for ordinary citizens to participate in the judicial process, so it can prevent the judge favoritism effectively. Besides, the jury can reflect social common people's view that can make up for the short board of the occupation judge, so that the jury system is an important way of judicial democratization.However, due to system design defects and various factors of practice, the Chinese people's jury system has many problems in the actual operation, the problems of"accompany without trial" and "trial without discussion" are prominent particularly. The third Plenary Session of the 18th CPC Central Committee claims to broaden the orderly participation of the masses of the people in the judicial process. In the fourth Plenary Session of the 18th CPC Central Committee decided to further put forward clearly, to protect the people's participation in justice, improve the people's jury system, to safeguard citizen rights of jury, to expand the scope of the jury, to perfect random way,to improve the credibility of people's jury system. For the future, the people's jurors no longer participate in the trial of law, only to participate in the trial of facts. This is the direction and objectives of the people's jury system. In April 1st of 2015, the eleventh meeting of the leading group on deepening reform adopted the "people's jury system reform program". Subsequently, the 14th session of the 12th NPC Standing Committee made the Decision on Authorizing the Pilot Program of the People's Jurors System Reform in Some Areas, which further defined the specific direction, basic content and basic principles for further reform of the people's jurors system.The jury system of jurors and professional judges is defined so that the jurors and professional judges can do their best to carry out their duties, the jurors can lay down their burden and go to battle with the greatest extent. The jury system helps to play their own advantages, perform the duties. It is necessary to face the selection of jurors, the number, the term, the cost, the choice of the mode of trial organization, the rules of jury and the fact-finding mechanism. To overcome these problems, we must carry out the system construction. To improve the system of supply, the writer suggest assessing the jury system into the constitution, improving the jury selection mechanism, setting up a system of jury and jury review system. In order to adapt the separation of the fact and the trial, we need to improve the ability of the jurors to determine the facts, we should set up a new juridical tribunal and a judge's collegiate bench,the writer suggest the factual tribunal should be composed of 3-6jurors; to avoid a "big bang" in the trial chamber,the original seat of the trial remains unchanged,used by the full court of judges,in the trial court set aside special locations for jury Full Court Use. The most important thing is to reconstruct the jury rules, the development of pre-trial rules, the hearing rules,the fact that the collegiate rules, the adoption of rules and a mechanism of the misjudged responsibility of judge.