Countermeasure Study On The "Jury Without Trail"

The official promulgation and implementation of the first "People's Jury Law" in China has greatly improved the status of the jury system in the legal sense.In terms of system,the “People's Jury Law” has given rise to a new vitality to the jury system in China.The re-enactment of the new jury system has made it increasingly important for non-legal professionals to participate in court trials.However,due to some shortcomings in the system,the individual participants,the trial process and the social supervision,it has led to the emergence of “ jury without trial”.This situation exists in all levels of courts in China,which reduces the efficiency of trials and undermines the rigor of the judicial process.Firstly,"jury without trial" is a manifestation from the phenomenon to the essence.It is abstracted from the specific process,and summarized the commonality.Secondly,in response to the above-mentioned reasons of "jury without trial",the following countermeasures are proposed: strengthening the theoretical guidance in institutional construction,promoting the improvement and development of the system through institutional liberation,clarifying the selection criteria to promote the implementation of the system,improving the jury efficiency through the public supervision and following the law of jurisprudence to enhance the practical effect of jury system,further improvement from the system,further rigorous procedures,further improvement in personnel quality,leaving the supervisory power and supervisory responsibility to the public,and correctly obtaining effective public supervision.Thirdly,the promulgation of the "People's Jury Law" has reduced the probability of "jury without trial" to a certain extent.However,it cannot completely eliminate the series of questions such as "jury without trial" and "trial without deliberation".In terms of the phenomenon of “jury without trial”,it is still a “roadblock” on the road to perfection of the people's jury system.Therefore,starting from the system itself,following the original function of the jury system,it provides more alternative space for perfecting the people's jury system in China.To sum up,the issue of "jury without trial" is the normalization problem in the trial process in our country.After the analysis of the causes and the implementation of the countermeasures,as well as the following references through multiple documents and analysis of actual cases,from the description of the "jury without trial" phenomenon,the confirmation of the definition,the necessity and feasibility analysis of solving the problem of "jury without review" began,this paper deeply explores the reasons.Furthermore the paper classifies and analyzes the legal reasons,institutional reasons,human factors and social factors produced by “jury without trial”,so that the problem of “jury without trial” can be effectively solved.