Research On The Predicament And Reform Of Jury System Of China

The jury system is an important judicial system from the perspective of the world,and has some unique value.Aim at the problems,the legislator has taken some measures,but the effect is not so obvious,and the problems remain unsolved and must be reformed.Face with these problems,the people’s assessor system reform has been included in the reform agenda,the NPC Standing Comittee authorize the Supreme People’s Court carry on experiments in 10 provinces.The Supreme People’s Court and the Justice Department printed a reform a pilot program,and the experimental work is in progress.At this moment,the author will provide some view about the reform of the people’s assessor system,and make some contribution to the reform.This thesis comsists of4 parts,and discuss from the point of outline,comparative study,the difficult position and reform direction.In the Chapter One,the author mainly discuss the basic problems,such as the concept and value analysis,and then discriminate the jury system and the assessor system.The author introduces the developing process and main contents of the existing system from the macroscopical angle.In the Chapter Two,the author focuses on the main content of the jury system of three representative nations.The USA is the representativecountry of jury system,Germany is the representative country of the assessor system,and Japan has a obvious mixed features.The Japanese Saiban-In System reflects the precise justice tradition,and Japan has similar culture tradition and social structure with China,is more worthy of our learning.In the Chapter There,the author analyses the problems of people’s assessor system of China from the angle of criterion and practice.By research,there are some typical problems as follows: The selection and administration mechanism is unreasonable,lacking of representation and the administration.And the justice function is weaken,the full-time assessor and the assessor without hearing.There is also a conflict between the jury system and the social logic,the citizen are lack of interesting for the jury,the public have no respect to the assessors,then influenced the development of the system,we need pay more attention to these problems.In the Chapter Four,the author will put forward some measures to the reform of the people’s assessor system according to the problems.The reform of the people’s assessor system should base on the existing system,and then set up a modern,scientific and distinctive people’s assessor system.Such as the selection system should be grass-roots and undisguised,then be more representive.The operating mechanism should be optimized,and take some measures such as distinguishing the scope of application,selection the assessor randomly,reforming the constitutiong of the collegiate bench and function division.And we should not ignore the trial reform and native culture,they are also the important guarantee of modern,science jury system.