The Research On Japanese Lay Judge System After 7 Years Implementation

The Japanese Lay judge system has been implemented for 7 years.In the 7 years,the Lay judge system has attracted much attention and its approval and opposition voices can be heard without end.In this paper,the author,according to the Japanese official data and legal analysis data,intend to sort out of the effect of lay judge system in both of positive and negative side.The author wants to demonstrate the most important issues and give proper appropriate comments in order to draw my own ideas.In this paper,first of all,summarize the general situation of the lay judge system combined with the data.To the end of 2016,the lay judge system has accumulated a lot of practical experiences and theoretical data.This paper is drawn on the basis of these results.Then this paper simply introduces the concept of the system which is different from the jury system and trial system,and reviews the lay judge system history and introduces the background,expounds the purposes of the lay judge system.Finally,this paper points out the supports and oppositions after the lay judge system's implementation objectively,leads to the next chapter of the lay judge system of specific analysis.The second part selects some of the main impacts of the lay judge system to elaborate.This paper analyzes and demonstrates the problems,and puts forward some countermeasures for the improvement of all walks of life in Japan.Mainly discusses the long term before the court trial,the trial writing center tendency,the victim in the system leads to irrational trial,the trial of criminal tendencies,questioned the legitimacy of the appeal trial referee,referee attendance rates fall tendency quit rate increased and so on.These problems throughout the whole process of the judge's trial which have focus on the main changes and problems after the implementation of the lay judge system.The third part introduces the revision of the law of 2015,and analyzes and evaluates the main contents of the amendment to the law,hoping to see the trend of Japanese legal circles from the reform in the future,and provide some references for Chinese judicial reform.Finally,the author believes that the Japanese lay judge system is the same as a new thing,we should give full scope to the growth of this new thing and observe the problems happened in the growth closely.I believe the Japanese lay judge system will become a solid foundation for the Japanese judicial system and be a bridge of communication of public opinions some day in the future.China should also pay close attention to the operation status of the lay judge system,draw lessons from its system designs and operation methods,as well as the improvement countermeasures to provide reference for the reform of our country's judicial system and the people assessor system.