The Establishment Of Jury Pattern In Which Determination Of Facts Is Separated With Application Of Law In Civil Procedure

The paper begins from the background of the jury pattern,tries to explore the practical running conditions of it,investigates and uses the experience of jury systems in common law system countries,then puts forward a proposal that establish a jury pattern in which determination of facts is relatively separated with application of law in civil procedure,and design rules for this jury pattern.The first part of the paper starts with the background of the jury pattern in which determination of facts is separated with application of law in civil procedure.This contains four parts.Firstly,the paper analyzes the long-standing abuse and the reason for reform of the system of people's assessors from three aspects including system,judiciary and society.Secondly,the paper defines determination of facts and application of law and it thinks that these two definitions are different in criminal procedure and civil procedure.Thirdly,the paper retrospect the reform history of the system of people's assessors.Lastly,the paper introduces the process how the trial scheme of the jury pattern in which determination of facts is separated with application of law was pushed out.The second part introduces and analyses the practice situations of the jury pattern in which determination of facts is separated with application of law in civil procedure.Firstly,the paper analyses the design of the jury pattern.Secondly,the paper analyses the obstacle before the jury pattern from four aspects including theory,system,procedure and personnel.In the third part,the paper investigates and uses the experience of jury systems in common law system countries.Firstly,the paper investigates jury systems in mainly common law system countries.Secondly,the paper compares the system of people's assessors with the jury system,the paper holds the view that the system of people's assessors should absorb advantages of the jury system while avoid disadvantages.The fourth part puts out a suggestion of how to establish the jury pattern in which determination of facts is separated with application of law in civil procedure.Firstly,the paper tries to affirm the validity of the theory of relative separation,generalizes and makes comparisons between the theory of absolute separation and the theory of relative separation,supports the theory of relative separation which means that enhance the people's assessors' leadership of determination of facts in specific cases.However judges aren't certainly excluded from determination of facts while they lose the leadership.Later on,the paper tries to design and construct the jury pattern from three aspects including legal perfection,procedure design and accessory institution perfection.