On The Improvement Of The Criminal Jury System In China

The jury system has always played an important role in promoting judicial independent,efficiency and transparency in criminal action.However,the system in China is proved to be inadequate to address numerous issues at stake since 2004,such as “accompany without trial” or “trial without discussion”.The phenomenon that the criminal jury system is not running smoothly has triggered heated discussions in the academic circles.Many scholars have offered suggestions to solve the problems appearing in the operation of our criminal jury system.After the disclosure of a document during the fourth plenary meeting of the 18 th National People's Congress,refinement and expansion on the legal frameworks has been underway.Indeed,there has been many debates among scholars and judges alike on the novel ways to formulate a disciplined and legitimate jury system.This paper will first review the literature on Chinese criminal law and its future prospects.Whether the criminal jury system in China can play its due role,the most fundamental is the rationality of the specific criminal procedure design,whether it conform to the current legal environment and whether can related to other systems and entity legal system of mutual cooperation and improved.Furthermore,a critical evaluation on the myriad aspects of continental law will be offered in order to shed light on the fortifications of constitutional design.Compare and summarize the commonalities and characteristics,and find the pros and cons.At the comparative law level,we can provide reference for the improvement of criminal jury procedure in china.In view of many problems presented in our criminal jury procedure currently,so I will summarize and elaborate the several kinds of representative phenomena appeared in practice.I will also try to find the reason from our criminal jury procedure,and give detailed analysis and description,in order to solve the problem.Finally,considering the present under the background of China's national conditions and judicial system reform goal,I take the discussion with special focus on the process of selection,discretion,competency,accountability and representativeness of the judges.This paper puts forward suggestions for the perfection of the criminal trial procedure in China,so as to give full play to its function.