A Research On The Operation Of The People's Jury System

Chinese judiciary is an especial system with a main character of Chinese socialism and Chinese characteristics,of which one most important part is the people's jury system.The establishment of this system is a significant action to build a democratic politics with Chinese characteristics from the angle of judicature.What's more,it is also the direct way for the common people to join in the state affairs management,to understand and take judicial supervision,at the same time,the system guarantees the people's right to participate in judicial activities.With the effective implementation of it,more and more ordinary people could take part in the judicial activities in the roles of jurors in the trial,they could express their ideas,expand people's right of democracy,and supervise the using of the judicial power,and which could enhance the acceptability of judicial adjudication,and then helping advance on the judicial authority.The people's jury system is such a system that accords with Chinese national conditions and the practicing of our judicial system,but in fact during the practicing of this system,some problems such as jurors than obvious imbalance,jurors random system are missed,"jury farmer" phenomenon is prominent,accompany without trial.The main reason of those problems is the disadvantages which this system has and needs to be perfected.Secondly,the court abandons the original intention of the system but as a measure to solve the problem of "fewer people" and to share the risk of the case.As a result of which the system cannot be neither widely used to neither realize its democracy,nor widen the ways that the people joining in the judicial affairs.How can we solve this situation so that the system could work in actual cases?This article starts with the present situation of the jury system in the grassroots courts of the people's court in A county in recent years,through the analysis of the actual running status of the system in a county court,and then found the problems that existing in the system operation,finally proposing four aspects to complete the using of this system in the court.First of all,expanding the number of collegiate Chambers to ensure the juror's factual trial,and promoting the democratic function of the juror system to maximize the representation in the collegial panel.Second,defining the range of the people's juror to lower the cost and save the judicial resource.Third,detailing the selection rules to ensure the representation and universality of the jurors.Forth,refining the random extraction system of the jurors to guarantee the probity of the system.This article bases on the background of the people's court at the county level,starts from the implementation of the juror system and finds out the problems which in the implementation of the system in the grass-roots court,and then puts forward some improvement measures,that could have a certain reference function on perfecting the juror system and making the system work.