Research On The Substantial Guarantee System Of Criminal Jury

The jury system originated in Athens and Rome in the era of slavery.It is a judicial system in which jurors and professional judges are selected from citizens to jointly try cases.At present,most countries in the world have established jury system.In China,the 1954 Constitution established the people's jury system in the form of a fundamental law.Despite the revision of the Constitution and the repeated trials of the people's jury system,the three major procedural laws of our country stipulate the system in which the people's jurors participate in the trial.However,for a long time,the implementation of the people's jury system has been very unsatisfactory.A considerable number of scholars in the theoretical circle have advocated the abolition of this system.As a long-standing system that reflects judicial democracy,restricts judicial power,and promotes judicial justice,the people's jury system has its rationality.In order to give full play to the functions of the people's jury system,adapt to the requirements of China's judicial reform,and realize the substantiveity of jury,in 2015,the Supreme People's Court authorized 50 courts in 10 provinces to carry out the pilot work of the people's jury system.The"People's Jury Law"was passed on April 27,2018,aiming at solving the problem of"jurying and not reviewing" and "reconsidering" of the people's jurors,realizing the jury of the jury,and giving the people's jury system a new vitality.This article is divided into four parts:The first part:Explain the meaning and value of the substantiveity of criminal jury.Explain the concept of "jury" and "substantialization",and define the meaning of"substantialization of criminal jury" in combination with the purpose of jury system of criminal litigation.Based on this,the paper expounds the value of criminal jury substantiveization in promoting substantive substantive trials,realizing judicial democracy,restricting judicial power,and guaranteeing judicial justice.The second part:examine the substantive experience of criminal jury in the two major legal systems countries.It mainly examines the jury system in the United Kingdom and the United States,the trial system of France and Germany,and the jury system in Russia in the legislation and practice of jury substantive.It points out that the substantive experience of extraterritorial criminal jury is of reference to China.The third part:Analyze the performance and reasons of the lack of substantive jury in China.It focuses on the analysis of the specific manifestations of the jury's jury in the court investigation stage and the collegial stage,and analyzes the reasons for the lack of substantive juridical jury in combination with the newly introduced People's Jury Law.The fourth part:Suggestions on perfecting the substantive guarantee system for criminal jury in China.Strengthen the performance of the people's jurors,including personal safety,material security and personal information security;improve the quality of jurors,improve the conditions of employment,standardize the qualification examination,introduce expert jurors;establish a juror to fully understand the factual mechanism of the case before the court,Empower the people's jurors to read the right before the court and the right to know before the court;improve the judge's guidance mechanism,the judges guide the diversification of the main body,diversify the guidance stage;improve the collegiate mechanism,establish a list of criminal issues,standardize the evaluation procedures,and improve the dispute resolution of the collegial panel Mechanism and so on.