The Dilemma And Breakthrough Of The People's Jury System

Jury system,as an important form of judicial democratization,plays an indispensable role in the fairness and justice of adjudication.The system of people's assessors,as a vivid practice of socialist democratic political system with Chinese characteristics in the judicial field and even in the political field,is the embodiment of democracy in the judicial system of our country.However,since the implementation of the system,there are few people jury who really play the role of facts,such as "accompany but not trial",vague boundary and so on,which have been criticized for a long time.With the comprehensive spread of judicial reform,and marked by the fourth Plenary session of the 18th Central Committee of the Communist Party of China,the all-round rule of law has entered a new field.In April 2018,the promulgation of the people's jury Law of the People's Republic of China meant that,The people's jury system has been formally confirmed by law in our country.The relevant provisions of the new law concerning the people's jury system,the separation of the types of cases participating in the trial,the separation of legal trials in fact trial,and the selection and appointment of people's jurors indicate the discovery.But there are still many areas that need to be refined and improved.On the basis of the reference theory and literature,this paper starts from the value orientation function orientation of the people's jury system and a series of regulations with the newly promulgated Law of jurors,combining with the theory.Foreign experience and the actual investigation of pilot reform analyze the dilemma and breakthrough of the people's jury system.First of all,it defines the value and function of people's jurors,and then,according to the double-track system of people's jurors' participation in the trial scope,it starts from the distinction and connection between the actual trial and the legal trial.Through the analysis of the scope of the trial,the necessity and operational methods of separation between the factual trial and the legal trial are obtained.Secondly,it is hoped that the method of improving the efficiency and quality of selection can be found through the analysis of the current selection status of people's assessors,so as to further improve the degree of democratization in the trial of cases.Finally,this paper discusses the cultivation of the people's jurors' ability quality and the guarantee of their rights and abilities,the improvement of the people's jurors' participation enthusiasm and the development direction of the people's jurors'system in the future.This paper focuses on the shortcomings and changes of the system of people's assessors,and makes a series of breakthroughs,and also puts forward some reasonable suggestions.