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Look from the Anglo—American jury system of jury system in our country

2017-03-19徐莉莉

科学与财富 2017年6期
关键词:莉莉

徐莉莉

Abstract:Jury system as the embodiment of democracy in the modern history of social value has significant meaning.This article from the perspective of comparative law,by comparing the two countries jury system,found the characteristics and differences between the two,According to our country's relevant legal system and legal theory at the same time,for the perfection of jury system in China is very line of inquiry.

Keywords:Jury system;Jury;Juror

一、The jury system

(一)An overview of jury system

Jury system refers to the non-professional judges and ordinary citizens to participate in the trial of the lawsuit system,for non-professional judges and ordinary citizens to participate in the trial judge of the specially designed and as a special judicial organization structure.Jury system generally believe that originated in the United Kingdom,Mainly has the jury system of Anglo-American law system and continental law system and judge system of two forms.Form of the people's jury system in China is similar to the umpire system,but is out of specification operation,There exist defects,It is necessary to draw lessons from foreign advanced experience.

Jury system is conducive to judicial democracy,Judicial democracy requires social members participate in judicial and reach the purpose of restriction and supervision of judicial through participation.This is the important embodiment of people's sovereignty thought.On the one hand, can make people have involved the ownership feeling of justice;?on the other hand, due to the jurors from all walks of life, can make the process of brainstorming, wider on behalf of the people's point of view, to prevent the judicial decision subjective arbitrary of one-sided and judges.

In trial activities, people's assessors and judges are mutually cooperation relationship. But should respect each other independence, it is relative to limit the powers of a judge, to curb judicial corruption, safeguard judicial justice has positive significance. In addition. The participation of people's assessors have boycotted the professional judges to a certain extent because of the professional point of view, thinking set or industry interests of some bias, enabled the social public opinion to reflected in the decision, to make judgment more fair. By directly take part in the trial, jurors themselves not only strengthen the legal awareness, and through the case to be taught to other people and legal theory, education people, consciously maintain law.

(二)The meaning and characteristic of "people jury"

1、The judicial independence.As a new pattern of the jury

System should have the judicial independence, and should not excessively to highlight its political. Although, people said in "democracy in America", "the jury system is a kind of political system, first should put it as a form of people's power",At the same time,speech at the trial of the jury members should keep independence, free from any form of interference.

2、Comprehensive and reference to air his views.

Although the reform of our country has been in the adversary proceedings, however, inquisitorial proceedings style did not change, still affect our way of court proceedings. In the introduction of "people jury" expanding judicial democracy system design is very necessary to give "people jury" comprehensive published on the opinions and Suggestions of court cases. Opinions are only reference, not have decided to any part of the case facts and legal issues.

二、Jury system of China and the United States the main differences between the people's jury system of our country

(一)From the perspective of the history of the origin and development of their existence value and meaning are different

From the perspective of the origin and development of the American jury system, it is democracy that is deeply rooted in the hearts of the people jury system. Although the jury trial is as British colonists set foot on the continent of North America, but its development has become the colonists for democratic rights, against the powerful tools for the dictatorship, and be able to maintain and operate properly.

The American jury trial's purpose is to make full use of the restriction of public power, divided the jurisdiction of the judge, to prevent the judicial and corruption.

Our people's juror system established in the second revolutionary civil war. After the founding of new China, the people's jury system as a basic judicial system be preserved, and glorious in the 1950 s. For a long time, the people's jury system is to reflect people's autonomy, exercise their democratic rights, to participate in the judicial activity and judicial work adhere to the main sign of the mass line.

(二)From the point of the system set up and the operation of both, the scope of their respective operation characteristics and different

From the scope of the operation, the American jury system exists in the criminal lawsuit and civil lawsuit, does not apply to the administrative litigation. The jury had no right to all the problems in the case ruled, general legal applicability is decided by the judge, is decided by the jury fact. But in our country, according to the law of the people's court of the group of legal, cases of first instance in criminal, civil litigation, in addition to single trial according to law cases, people's jury system can be taken. Thus, our people's juror system in terms of the American jury system, the applicable scope wide, enjoy the rights of members of the jury of also more fully.

三、The improvement of the jury system in our country

(一)Clear the jurors qualification

Law from two aspects of positive and negative juror qualifications. Such as from nationality, residence time, age, behavior ability, character, cultural level and professional restrictions. At the same time expanding coverage to make it has a wider range of representative.

(二)Jurors way of produce and term

Recommended by relevant institutions and organizations on behalf of, can be used by the court according to the regulation to the National People's Congress standing committee appointed at the same after screening, and establish a special jury archive. But should limit the number of individual jurors jury cases, ensure "involved in their equality of opportunity.

(三)Clear jury case scope

Law can be above a certain quantities of cases have a profound effect on society, major complex cases, big case jury approach should be adopted. Should give option to party into, if agreed by the parties to the dispute did not use a jury, the court may decide not to the jury.

(四)Clear to appear in court jury selection procedures

Decided to adopt the way of jury trial cases, the court randomly picked out from the archive of jurors' names, checking by the parties and the agent and can exercise the right to apply for withdrawal, final jury in the form of notification by the people's court told the jury.

(五)The scope of the matters prescribed jury verdict

Degree of legal knowledge as jurors should not be too demanding, and not be so let the jury verdict legal matters, jurors should focus on ruling the fact. And when ascertaining the facts, should be discussed by the jury and make a decision, in case is influenced by the judge.

References

[1]Lin Lin Chen. Jury function [J] in the modern society under the rule of law and foreign law.2001.(4).

[2]Li YAO. China's system of jury system theoretical reflection and reconstruction [J]. Journal of jurists, 2003.

[3]GUO LIANG Dong. Democracy in America [M]. The commercial press, 2002. P. 315.

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