The Implementation And Improvement Of Jury System In Criminal Procedure

The development of the jury system in our country has been twists and turns.Since 2004,the development of the jury system has entered the spring,but it has been regarded as a "democratic decoration" because of its various problems.The People's Jury Law marks a new stage in the development of a jury system that is adapted to China's judicial system.Since the implementation of the "People's Jurors Law",has the jury system in our country been changed in criminal proceedings compared with the previous ones? The article is divided into four parts:The first part is the functional positioning and implementation status of the jury system in criminal proceedings.First,introduce the political,judicial,and social functions of the jury system;then take the people's jurors in the Y district court of the S province as an example to participate in criminal prosecution activities,collect the public judgment documents in 2019,and examine the jury system in criminal prosecution activities from multiple angles Implementation,found that the number of people's jurors is more extensive,but the randomness of participation in the trial is still insufficient.The second part is the problems of the jury system in the operation of criminal proceedings.Analysis of the data in conjunction with the "People's Jury Law" found that the jury system has a problem of poor legal connection in the operation of criminal proceedings;affected by the jury rate,there is a phenomenon of artificially applying the jury system,which leads to the scope of criminal cases.Unclear problem;no matter in theory or in practice,it is impossible to clearly define the standard of fact determination and application of law,which leads to the difficulty of distinguishing fact determination and application of law.The third part is the analysis of the reasons why the jury system has problems in criminal proceedings.One of the reasons why the jury system in our country is blocked in criminal proceedings is the influence of the concept of the system: the natural political nature of the jury system has weakened itsjudicial function;It must be conducted under the leadership of the judge;second,the lack of expression of rules: the unclear language of the legal provisions makes the jury system alienated in the course of criminal proceedings.The fourth part is the suggestion for perfecting the jury system in criminal proceedings,hoping to clarify the functional positioning of the jury system to refine standard rules,construct standards for distinguishing fact determination and application of law,and promote the jury system in criminal proceedings Well run.