Research On Japanese Lay Judge System

This thesis,from the prespective of combining theory and practice,teases the historical path of Japanese jury system,elaborates the specific content of the current lay judge law in Japan,compares the present situation of the current people's jury system in China,and strives to find the way of people's participation in judicature,which is conformable to Chinese condition.This thesis uses methods of literature analysis,data navigation and comparison.This thesis is divided into five chapters:Chapter one summarizes the historical process of Japanese judicial democratization and takes it as the historical background of the implementation of the current Japanese lay judge law.Through the understanding of the initial attempts of Meiji restoration,the formal introduction of the jury system in the Taishou Period,and the restarting in the post-war period,the inherited spirit of the current lay judge law is finally understood.Chapter two introduces the specific system and main contents of Japanese lay judge law.It summarizes from the following six parts:the establishment process of the lay judge law,the application scope of the lay judge system,the right and duties of the lay judges,the qualifications of the lay judges,the appointment and reconciliation of the lay judges,the protection and punishment of the lay judges,and analyzes the core content of Japanese lay judge law,which lays the theoretical foundation for the analysis of the later chapters.Chapter three introduces the implementation of the Japanese referee system.At the same time,we compared the jury system or the jury system in several representative countries in the world to observe the special features of the Japanese referee system.By comparing the jury system in our country and Japan,we can understand the differences between the two countries.Chapter four analyzes the shortcomings of Japan's referee system and its countermeasures.The face of the referee system unconstitutional suspicion,the referee overburdened and lack of protection,referees are too complicated elective procedures,the referee's shared responsibility to keep the law and education,the Japanese government's response.Chapter five summarizes the reform status of the current people's jury system,analyzes the background of reform,and understands the reform results as well as the existing problems of the current people's jury system.Finally,combining with the existing experience of the Japanese lay judge system,it can provide references for the future reform of the people's jury system.