On The Construction Of The Jury Fact Trial System

China exercises attend system which refers to composing a panel of judges and jurors to carry out a trial.In legal practice,the law says that the jurors have the same right with the judges,but because of the difference between judges and jurors in legal knowledge,there lays information asymmetry in facts determination,illegal evidence removal and law application.To ensure the realization of the legal right of the jurors in the trial is not only the question of judicial practice,but also relates the legal status of the jurors and some other theoretical problems.Some scholars advocate the imitation of the western jury system to strengthen the legal rights of jurors;some scholars advocated the jury in the trial process responsible for the facts and the exclusionary right.This dissertation agrees with the later but maintains that we should improve related regimes.There are four parts in this dissertation:The first part introduces the main topic with some typical cases and maintains that many jurors do not have professional legal education,so they are not willing to express their views in trails.The second part is comparative research.This part introduces some theories in foreign countries.The impact of China's current judicial system has been deeply influenced by the Soviet Union in history.Judicial reform in recent years,especially the construction of the jury trial of fact in mechanism has become China's hot topic in the legal field,so Russia's experience of judicial reform is important to china.Therefore,in the practice of judicial reform of the jury system,we can choose the most suitable jury system to our country.The third part is the separation of factual trial and legal trial.This part introduces the historical origin of the separation of factual trial and legal trial in China,and the necessity of the operation of the jury trial mechanism is also analyzed.At the same time,we discusses in the conscious and unconscious condition the jurors how to make a series of discourses on the facts and the corresponding methods.This part also discusses the feasibility of the construction of the jury trial system.The fourth part is the legal mechanism construction factual trail.Because our country has no independent factual trail system,so this part is the core of the paper.Divided into five sections,respectively,from the jury selection,the jurors to consider the facts of the case,judge the facts result are the conditions and restrictions,accept the conviction and sentencing,appeal trial mechanism construction process attempts to jury trial in china.