The Citizen Participation In The Criminal Trial

Citizen participation in criminal justice is an important part of citizen participation in justice,the way of citizen participation in criminal trial is single in China,the main form is the people's jury system.However in practice,the operation effect of the people's assessor system is unsatisfactory.The phenomenon of "accompany and not judge,judge and not meeting" is widespread.In the future,our country should broaden the way and form of citizen participation in trial,improve judicial quality and credibility.This paper makes a thorough study of the reality of citizen participation in trial in China.On the basis of a comprehensive observe and study of the relevant system and judicial practice abroad,try to put forward the possible path of improving citizens' participation in trial in China.The full text is divided into four parts:The first part is a summary of citizen participation in criminal justice.This part mainly analyzes the historical development and the present situation of citizen participation in criminal trial in China.And introduce the development trend of citizen participation in trial in the world.The second part mainly introduce the theoretical basis of citizen participation in criminal trial.Its theoretical basis mainly includes the following aspects:The first is the theory of judicial justice;The second is the theory of power constraints;The third is the theory of judicial democracy.The third part observe and study of the relevant system and judicial practice abroad.This part mainly introduces the jury system of the United States,the participation of Korean nationals in the trial system,the Japanese referee system and the Taiwan trial system.After analyzing and comparing the institutional characteristics of different countries and regions,this part draws some useful inspiration to improve our citizens'participation in the trial.The fourth part try to put forward the possible path of improving citizens' participation in trial in china.The path consists of the following aspects:Improve and perfect the people assessor system;The people's jury system of "apply to death penalty cases";Review system of "apply to ordinary criminal cases".