Research On Legal Issues Of People's Jurors' Jury Right

With the promulgation of the people's jury law of the People's Republic of China,the people's jury system has been established in China.Therefore,the next task is to further implement the jury rights enjoyed by people's jurors.The people's jury law has made new provisions on the selection rules,the composition mode of the collegial panel,and the scope of the right to vote of the jury.While reasonably promoting the reform of the people's jury system,it also takes into account the coordination with the existing judicial system.However,it is undeniable that there is still room for improvement in the actual operation of the provisions of the people's jury law,such as selection procedure,voting rules,fact finding and separate identification of legal application.On the basis of the current legislative provisions of the people's assessor law,combined with the relevant provisions of other countries for the jury system,this paper summarizes the problems existing in the process of people's jurors' exercise of jury power,and puts forward targeted measures to promote the further improvement of the jury power of people's assessors in China.Based on the relevant provisions of people's jurors' right of jury,this paper discusses from the following four aspects:The first part is an overview of the people's jury right.This part mainly includes the concept of jury power,the relationship with trial power and jury system.At the same time,it analyzes the value and function of jury power,discusses the necessity of protecting people's juror's jury right in essence in China.Finally,it discusses the legislative highlights of the people's jury law on the basis of sorting out the legislative process of the people's jury system in China.The second part is to discuss the relevant provisions on the operation of jury power in foreign countries.In the countries of common law system,take Britain and the United States as examples and explain whether the jury system is fully used in China.In the civil law countries,France,Germany and Japan are selected to analyze whether the relevant provisions of the civil law countries' participation system are applicable to China.The third part is to discuss the problems existing in the process of the people's jurors' exercise of the right of jury.It mainly analyzes the deficiencies of the people's jurors law in the selection and appointment of people's jurors,the limitations of the people's jurors themselves,the deliberation mechanism of the jury court,and the protection and management of the people's jurors.The fourth part is about how to improve the way to realize the right of people's jurors in China,including excluding the intervention of judges in the selection process,improving the ability of people's jurors to participate in the trial,redesigning the voting rules,studying the separation mechanism of fact finding and law application,and strengthening the management and guarantee of people's jurors.