Who Attends The Jury-Study On Chinese Jury Elective System

The peoples' jury system is based on democracy and the pursuit of freedom value of the Communist Party of China,and it is an important system reflecting the judicial democracy.At the same time,it is helpful to promote fair justice and to enhance the sense of cognition of the law from the public.Party of theory and Party of practice never stopped criticizing the construction of the peoples' jury system and the role it playing,and even led to a broad and hot debate whether abolishing the peoples' jury system.In fact,the dispute abolishing the peoples' jury system is resulted from the different functions viewed by the jury system.Party of preservation,who highlighted the political value of the peoples' jury system,advocated to retain and to improve the peoples' jury system.However,Party of abolition,who highlighted the judicial function of the peoples' jury system,advocated the abolition of the jury system just because the forms of the peoples' jury system in the judicial practice.The ambiguity from function orientation is the root cause of the jury system.The key problem to solve the jury system is who attends the jury.And as the basic link of the peoples' jury system,the election of the jury is the premise of the realization of function of the jury.The establishment of reasonable election procedures can ensure the suitable person to attend the peoples' assessors in time,and provide a good foundation for the operation of the jury system.In the context of the current judicial reform,China regards judicial democracy as an inevitable factor in the judicial construction.The peoples' jury system makes people have the opportunity to attend the judiciary so as to realize judicial democracy.However,due to the deviation of the function orientation of the peoples' jury system in China,there is a problem in the election of the source,which leads to the failure of the function of the jury system in judicial practice.From the perspective of history,this paper,through detailed elaboration and analysis on legislation situation from the period of Land-Revolution to the current peoples' jury election system,aims to deeply understand the evolution of the peoples' jury selection system of our country,and grasp the development situation of the peoples' jury election system.And through concluding the law and the history,it is found that the peoples' jury system,as a political system to protect the people as the masters of the country,has been attached greatimportance to its political function.However,with the development of Chinese society and the evolution of history,the original political society gradually disintegrated.Since the system of reform and opening up,along with the promotion of the judicial reform,the judiciary is gradually moving towards the direction of professionalism and weak politicization.The peoples' jury system,which takes political function as the first and emphasizes the localization and non-professionalization of the jury system,is becoming out of favor because of the deviation of direction of judicial reform.But,if it is specific to the election of the jury system,they can be manifested in two aspects: on one hand,the current election entity of the jury cannot reflect the judicial democracy;on the other hand,the current election methods of the jury has deviated the direction of the judicial democracy.To solve the election dilemma of the peoples' jury system,we need to correctly grasp the root of problems from the peoples' jury system.At the same time,we need to reexamine the jury election system from the historical development and function orientation.Through the return of judicial democracy,we should construct the peoples' jury election system under the logic of judicial democracy,so as to solve the problem of who attends the jury.