Study On The Criminal Jury System

The criminal jury system is an important part of the modern judicial system and an important reflection of the degree of judicial democratization in a country.The people's assessor system is an important embodiment of citizens' participation in national governance in the judicial field,and it has unique political value and judicial value.The promulgation of the people's assessor law is of great significance.It establishes the dualistic jury court,the random selection mechanism and the mature work security mechanism of the people's assessor,and promotes the degree of democratization,science and standardization of the people's assessor system in China.But at present,our country's people's assessor system is still not perfect.On the scope of cases in which people's assessors participate,the scope of cases applying the trial by people's assessor system is not clear enough,and the legislative provisions on the scope of cases to be tried by people's assessors are vague.On the basis of balancing judicial democracy and judicial efficiency and considering the necessity of people's assessors trial,the scope of cases to be tried under the system of people's assessors should be redefined clearly.In the dualistic jury mode,there are contradictions and conflicts between them,and the jurors have different trial powers,which is difficult to be logical.In the future,instead of using three-person jury courts,different types of collegiate bench could be explored to ensure that jurors have a unanimous decision,and voting rules could be modified accordingly according to different types of collegiate bench.It is a difficult problem to distinguish the factual problem and legal problem in criminal jury.The establishment and improvement of the list of factual issues is an effective way to distinguish factual issues and legal issues in the collegial panel.The judge's instructions system stipulated in the people's assessor law in our country is still in its infancy,the content of the instructions is too rough,instruction procedures and the remedy of improper instruction are legally absent.It is urgent to improve the system of judge's instruction by legislation.In view of the improper instruction of the judge,the people's assessors are given the right to request,the right to inquire,the right to review case once again and other remedies.