Improve the people's jury system on the rational thinking

Paper Keywords: jury, the jury system and judicial democracy, justice
Abstract: As one of the basic litigation system, the jury system is gradually entering the orbit of the rule of Law. To further improve the jury system, to play its due role, to be rational thinking of the system to correctly handle many relationship, so the jury system to achieve justice in the judicial practice of democracy and judicial professionalism, rights and obligations of the jury, the principle and practice of legislation on the operability of the virtues of ignorance and improving the quality of the four practice unity.



The jury system, that is, absorption of the judiciary as a non-professional judicial officers do not wear robes of the judges - people's assessors participate in a full court trial, the basic litigation system. As 70 years in the history of our country has gone through the judicial system has a fine tradition , the jury system of justice for promoting democracy, promoting judicial justice, to ensure judicial integrity, enhance the judicial authority can not be replaced and so played a great role. However, the review and sum up the changes of the jury system, it is hard to avoid it in the judicial problems in practice. improve the jury system become an important part of judicial reform and a new starting point, from the eleventh meeting of the Tenth National People's Congress adopted <"On the decision to improve the people's jury system>> will be held May 1, 2005 come into force. This is the first in our history on the people's jury system of a single Law, it is clear the jury and the judge granted the same rights, the emergence of the jury, conditions term of scope and the jury made the case uniform regulations, so the jury system in China step into the orbit of the rule of Law, ushering in a new stage of development. Meanwhile, the promulgation and implementation of this Law, for the improvement and reform of our current trial system will also have a significant and far-reaching impact.

To further promote the healthy development of the jury system to play its due role, the court must correctly handle the implementation of the independent exercise of judicial power and the relationship between people's jury system, improve judicial efficiency and the relationship between the implementation of the jury system, judges occupational Construction and implementation of the relationship between people's jury system. so as to achieve rational and dialectical unity.

First, the judicial career of democracy and the unity of the trial
The origin of our jury system can be traced back During Revision of the Minister Shen, Wu Ting-fang drafted <"The Great Qing Criminal Civil Law">, but the first from the west end of the introduction of the jury system and died because of the corruption of the Qing court. 30 years from the beginning of the 20th century, the Chinese Communist Party under the leadership of the revolutionary base areas, border and liberated the people's jury system are implemented as a prototype of the modern jury system. At this point the people's assessors elected mainly by the mass organizations, the source the masses, people's assessors and judges in adjudicating cases, the same rights. Because the jury directly from among the masses, with a wide range of masses, can be more realistically reflect the people's participation in political power, ownership aspirations and requirements, it is widely in the implementation of the revolutionary base areas, and finally formed under the leadership of the Communist Party to the people actively involved in the administration of justice, in order to achieve the democratization of the trial marked the importance of litigation. This shows that China's people's jurors system according to their background and mind, the broad absorption of the people is to participate in the national administration, by the people exercise their democratic rights. After the founding of New China, the Republic continued to implement the people's jury system, and write it down in the 1954 < <Constitution of the PRC> "(hereinafter referred to as <<the Constitution>>) and" <People's Court Organization Law ">, the jurors become a basic principle of justice and litigation system.

Study can be found in Western legal history, the jury system originated in the 6th century BC Solon of Athens during the reform movement. At this time members of the jury of ordinary citizens from the ballot in Athens produced many, many jurors shared by democratic ballot the exercise of jurisdiction. jury system inherent characteristic broad public participation, just to meet the Western bourgeoisie in overthrowing the feudal regime, for freedom and equality of human rights advocated by the revolutionary movement in the philosophy and concept of democracy, so much of Western bourgeois enlightenment thinkers , respected jurist and favor, as the barrier of human rights, democratic schools. From the perspective of modern law, whether in Anglo-American common law countries, represented by the implementation of the jury system, or to Germany and France as the representative of practiced Civil law countries assessor system, the jury system from the moment of birth have been deeply branded on the traces of democracy, the twin brother of judicial democracy.

In our country, "<constitutional>> law gives citizens the right to participate in the management of state affairs, the people's jurors in trial activities, reflecting the concept of judicial democracy, reflects the people are the masters of the socialist democratic political system embodies the rule of law inherent requirement of the strategy.

While in the pursuit of democratic justice, the judicial authority of the proper and efficient exercise, and certainly need to have a competent team to perform this task. The trial is a rational activity, it requires people to participate in the program to find the case for the complex one correct answer, do not substantive justice, but also reflect the process of justice. in the modern legal system increasingly tight, continuous introduction of new laws and regulations, the trial procedures to continue packing, judicial philosophy of continuous innovation, expanding the legal system today, As a layman to exercise jurisdiction over the law is unthinkable, the judicial authority can only rely on professional judges to exercise. people's courts exercise judicial power independently in China's state organs, their position and the judge's responsibility to decide the judge must The legal profession has deep theoretical foundation and rich social experience, ability to distinguish right from wrong reason, a strong sense of justice and responsibility. There is an urgent requirement the jury must try to improve themselves, have the necessary legal knowledge, legal awareness, accumulation of trial practice experience, the people most likely to judge the competence requirements of sacred duty. our long-term trial proved that the implementation of the jury system, to strengthen ties with the court the masses, promoting the rule of law to the community spirit of the infiltration, to prevent rigid and bureaucratic, judicial, to ensure fair trial and to improve trial efficiency has played a major role in Okazaki. the jury system, which requires the administration of justice not only focus on professionalism, value and spirit of the democratization of financial people, so that the harmony between the two.

Second, the people of the unity of rights and obligations of jurors
How to define the responsibilities of the jury, the jury provisions of the rights and obligations has been the focus of attention. A long time, the people of the law does not explicitly provide for jury duty, jury duty led to the practice of the status of the people of the fuzzy . jury rights and obligations is not clear and not leading to accompany the trial, the trial do not debate, so that the people of the important reasons the jury system a mere formality. <"On improving the people's jury system's decision>> to the provisions of the jury duty as: "people's assessors in accordance with the decision to produce, according to participate in activities of people's courts, in addition to not act as the presiding judge, the same judge has the same rights." explicitly targeted at the jury's duty to participate in activities that exercise the people's court trial jurisdiction on. Meanwhile, for the people's court hearing cases of first instance, it may or may not implement the implementation of the jury system of arbitrary large defects, but also provides for the people's court of first instance trial of the larger social impact of Criminal, Civil and administrative cases, the jury system should be introduced; defendants in Criminal cases, Civil cases the plaintiff or the defendant and administrative cases filed by the plaintiff to participate in collegiate bench trial, the jury cases, the people's court jury system should be implemented. determine the parameters of people's jurors the scope of the trial to give the jury legally enjoy equal rights with the judges, you can access to case materials, to understand the trial court to participate in the collegial, reflecting the people's participation in trial activities according to law the rights and obligations of jurors, juror participation in trial activities by the people legal protection, people's assessors participate in the collegial panel trying the case, the facts found, the law applicable to the independent exercise of the right to vote. the jury with divergent views of other members of the collegial panel, it shall write their comments in writing. If necessary, the jury may require the Full Court Dean of the case drew the Committee's discussion to decide whether the decision to seek trial. the jury because of participation in trial activities related expenses incurred by the people's court will provide subsidies to the jury given the right to material security. the jury has oversight of the trial activities the right to trial if found illegal activities or violation of ethical conduct of judges, there to stop it, criticism, reporting rights. The people of the potential jurors restraint and supervision of the judges the right to enhance the transparency and justice democracy, greatly reducing the lawlessness, the possibility of capricious and arbitrary, and thus enhance the credibility of judicial organs to improve the reliability of public administration of justice, after treatment of a symptomatic judicial corruption of the drug.


Jurors and judges in the enjoyment of the people of the same rights, should be bound to perform the same duties as judges, so that the unity of the people of the rights and obligations of jurors. The jury during the trial activities in participation should be strictly according to law, handle cases impartially, not Enquiry private bending the law; should protect participants in the proceedings according to law procedural rights, safeguard their legitimate rights and interests; to be honest, dedicated, to comply with court discipline, honor, ethics, conservative secret trial; should focus on judicial etiquette, safeguard judicial image. for breach of professional ethics of judges, in violation of work discipline of the jury trial should be in accordance with the relevant regulations. people's jurors in the jury process must adhere to justice, if the breach of the law relating to trial work and related regulations, consult the private fraud, causing the error referee, constitute a crime, will be held accountable for their Criminal liability according to law. Links to free download http://www.hi138.com three papers, legislation and practice on the principle of the unity of the operability
Review of the jury system through a long process, from the legislation is concerned, there are many defects, such as provides for the principle more operational details are less, or even a legislative vacancies in many places, which seriously affected the jury system in practice in the role of .1954 <<Constitution>> People's Court trial of the case provided, in accordance with the law implementing the jury system, so the jury system as a basic principle of justice. This provisions in 1975 <<Constitution>> then be repealed in 1978 <<Constitution>> recovery, to 1982, the existing <<Constitution>> turn the abolition of this provision, so the jury is formed system lacks a clear constitutional basis of the embarrassing situation. <<People's Court Organization Law "> and the three procedural law, are provided only in principle to the case by the people's court of first instance or by a collegial panel of judges collegial panel composed of judges and jurors . the relevant provisions of these scattered too general, the more confusion, poor maneuverability, resulting in the first instance court in cases of primary process to the jury as the use or abandoned at any time display, weakening the people's jury system to make it in the judicial practice, often a mere formality, would not achieve its proper role.

<<People's Court Organization Law "> Thirty-eighth provides that" the right to vote and to stand for at least 23 years of age citizen to be elected to the jury. "Intention of the legislature elected by the NPC to jury system won the most extensive democratic. but the provisions are too principled and rigorous design, full of idealism and not a universal practice, the NPC is responsible only for the elected President of the Court, and Vice-President, judges are based on President of the Court nominated by the Standing Committee appointed at the same level. If the jury should be elected by the NPC, resulting in more stringent program than the judge, seems unnecessary, but also more difficult to put into practice. No doubt, the lack of clear legal provisions that affect the normal operation of the jury system is an important reason, and the provisions of the jury system was too general and lack of operability, leading to the crux of the system a mere formality. To the judges do not wear robes rules established through legislation to further improve the jury system, judicial reform has become, to achieve justice democracy and safeguard the essential requirement of justice .2005 May 1 to be implemented <"On the decision to improve the people's jury system>> defined the responsibilities of the jury's position, identified by the Standing Committee appointed and have a random drawing method to give the jury finds the facts, the law applicable to the independent exercise of voting rights cases on the scope of the assessor, working conditions, daily management and financial protection to the more specific provisions, to a certain extent make up for deficiencies in legislation, so that the people of the jury system has embarked on a legal basis for the rule of law track. but it must clearly recognize that this distance intact , science, the establishment of the modern jury system was very far away. respond to the Constitution, the Court Organization Law, the relevant provisions of the three major procedural changes and integration, at the conclusion on the basis of practical experience in the introduction of a formal <<People's Jury Members of Law ">; developed a series of detailed rules and supporting systems to enhance the operability of the practice. In this way, the jury can truly work towards a standardized and institutionalized the rule of law of the track.

Fourth, ignorance of the virtues of unity and improving the quality of practice
The jury the lack of legal knowledge, in a sense be seen as just a virtue of ignorance, and this because of ignorance of the law brought about by the events in the trial of the new perspectives, new thinking on the professional judges in terms of utmost valuable. the jury from the masses, understand their needs, represent the people, often in the jury of conscience from the simple and spontaneous feelings of departure, focusing on social and moral standard to think about problems, overcome by the judge due to a habit the formation of the mindset to make judicial activities closer to people's lives, reflect the values and ethics. Not only that, people's jurors with expertise, such as doctors, architects also to some extent make up for the professional judges in the legal profession lack of foreign knowledge to improve the level of the trial to ensure justice.

However, with the continuous progress of judicial reform, the trial court will be more professional, professional, professional quality of judges of the rising demand, while jurors in the trial of our people and the right to judge is the same, both facts of the case, and application of the law the referee, the call of duty is very high. For a long time, people without specialized training in the law when the assessors, or saying nothing, listen to views of judges, or some comments by customs, but can not be adopted, rather than accompany the trial, the jury members into foil. professional lack of knowledge, the trial low capacity, lack of legal thinking, lack of legal philosophy, the jury is not high quality, limiting the role of the jury system to play.

Establish and perfect the new people's jury system, the objective of the jury set a higher request, to participate in the threshold has been raised for the jury generally should have a university college degree or above, the jury is not only Germany has become history. New The mission of the jury required it must strive to improve their own quality, have a good awareness of the law, the basic professional skills and high moral cultivation, with great enthusiasm and a strong sense of social responsibility to participate in the jury, the only way the people jurors can really play a role, 'the jury can really glory. Links to Research Papers Download http://www.hi138.com