On The Dilemma And Outlet Of The People's Jury System

Judicial democracy is a long-standing topic.With the continuous development of society,the social division of labor is constantly fine,the people's legal awareness has increased year by year,and the judicial system has become more and more specialized and efficient.How to eliminate the alienation caused by the specialization of the judiciary to the public,and to make the ordinary people "close to the judiciary" as much as possible has become a research topic faced by the judicial circles of various countries.The early Western jury system was also to promote judicial democracy.With the reference and absorption of the jury system,and due to the similarities and differences between the cultural environment and the social environment,the people's jury system in our country also has some drawbacks.For example,many of the foundations established for the people's jury system remain at the perspective of historical analysis,ignoring the different values and meanings that the era should give to the system.Some researchers have suggested that the people's jury system can also play its political functions and cannot play its judicial functions at will.The analysis of the problems existing in the people's jury system is also divided and divided.For example,the relevant research on "proximity and non-auditing issues" and "elite issues" have been studied,but they have not been seen between these two issues.Contact and common reasons.In addition,some scholars have proposed the reform of the people's jury system,but they are either too broad and not operational,such as making recommendations from the macro level of the whole society;or too detailed and subtle,such as changes in litigation procedures.propose.Therefore,the author will clarify the theoretical basis and value of the survival and development of the people's jury system on the basis of the political function and judicial function value of the jury system granted by foreign countries under the rule of law.The newly promulgated "People's Jury Law" as the theoretical basis of the people's jury system in China,from a great point of view,shows that the overall direction of the people's jury system reform has been clear.Whether the perfection of the people's jury system in a country is related to the country's economic,social,political,cultural and other factors.At the same time,there are also some links between the existing problems.The authors clarify and subdivide these problems,and then distinguish and link the causes of these problems,and extract the reasons that have implications.Finally,the author puts forward his own perfect opinions from the institutional level and operational level,macro and micro level,program and entity level and different subjects.In short,China is a socialist country under the rule of law.The reform and improvement of the people's jury system should also have the characteristics of the rule of law in China,and it is also an indispensable part of the judicial system of our country.The people's jury system is formed on the basis of absorbing and learning from the beneficial experience of foreign countries,and It integrates the socialist rule of law in China.Therefore,perfecting the people's jury system in China today is of great significance for strengthening people's democracy,promoting the rule of law,and ensuring judicial justice.