| At present,the adjudicative function of the people's jury system in our country is characterized by nothingness.From the establishment of the people's jurors system,China has placed too much emphasis on its value of judicial democracy,as a result,its adjudicative value on the trial is ignored.In judicial practice,the court leads the reform and practice of the people's jury system,so the people's jury system meets the needs of the courts.Actually,it played the role of human resources supplementation and case coordination,and the function of the people's jury system is alienated into judicial assistance.Jury's experience shows that the adjudicative function of jury is conductive to overcome the limitations of the formal rationality in law-ruling society.The rule of law and its formal rationality have inherent limitations,which are embodied in hard cases in the process of applying the law.In the trial of hard cases,the jury can remedy,modify,and promote the formal rationality by exerting its functions of adjudication of facts,application of laws,input of social values,and revision of legal rules.The practice of the jury in functioning in the rule of law society has implications for the improvement of the adjudicative function of the people's jury system in our country and the development of the law-ruling society.In the law-ruling society,we should be based on the principle of form rationality,the people's jury system should be applied to hard cases.The reform of the people's jury system should be combined with the reform of the litigation system centered on the trial and the improvement of evidence rules.The people's jury system should be improved in terms of the juror's functions and powers,the structure of the collegiate bench,the review process,and the selection of candidates.The formulation of juror's law has positive significance for the improvement of the adjudicative function of the people's jury system,but it still has its own limitations. |
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