The Functional Alienation And Countermeasures Of The People's Jury System

The people's jury system was introduced into the judicial system of China since the end of the Qing Dynasty.The Law of the People's Republic of China on the Jury was Officially promulgated on April 27,2018 after experienced long-term judicial pilot practice and rational reflection.The formulation of a special people's juror law reflects the policy orientation of further emphasizing socialist democratic political construction and improving the socialist legal system with Chinese characteristics at the legislative level.The people's jury system,which has the judicial democratic value,the judicial justice value and the multiple attributes of the judicial judgment value,presenting obvious referee function blur features.In addition to the trial practice pressure between lots of cases and the certain judges,the jury value is further compressed into management "affiliating"?trial "tooling"?responsibility "missing".In the end,in the practice of the jury and the judges in the same mode,the jury's referee function is completely be absorbed by the court.The assimilation of the jury system in the Chinese context first lies in the fact that the masses lack the concept of judicial democracy.This kind of awe of judicial trials leads to the jurors not easily expressing their opinions during the trial.The jurors are always the "outsiders" in the courtroom.Secondly,the system design of the same mode between the jurors and the judges requires the jurors to match the same professional judgment ability as the judges which is fundamentally contradictory to the social background of non-professional jurors and the diversification of dispute resolution.Thirdly,in judicial practice,judges pursue trial efficiency blindly,and squeeze the jury's legislative default value through a series of unspoken rules of"assisting justice",which leads to the jury trial in the process of violating the principle of statutory judges and completely following the judge.Finally,the system of people's jurors in our country presents a mixed system of mutual exclusion.The jurors lack the procedural guarantees for participating in the determination of independent facts and the substantive guarantees for the final judgment,fully reflecting the conflict between procedural justice and substantive efficiency in China.It can be seen that China's judicial system concept,relevant supporting judicial system and operational background have comprehensively led to the assimilation of the people'sjury system.According to the problems existing in the current people's jury system,after the comprehensive review of the structural differences between the litigation system and the litigation culture and the judicial supporting system.This paper defines the concept of "functional differentiation" ofjury system in China,explain the rationality of the reform path from "functional assimilation" to "functional differentiation",and suggest that the reform of the people's jury system under the "functional differentiation" will be carried out in three directions:the independent management system,the separation of trial procedures,and the differentiation of responsibility,which will help solve the existing phenomenon of assimilation of the jury system,and promote the materialization of the trial.