留學生dissertation網法律專業assignment代寫范文

摘要：

陪審團制度是世界上最古老的司法制度之一,它是維護個人和人民直接參與司法的方法。目前有兩種主要類型的陪審團制度,一個是在民法體系中的陪審員制度,另一種是在英美法體系中的陪審團制度。相比之下,中國和美國的陪審團制度有所不同,本文從中國國情出發,試圖分析和借鑒美國陪審團制度的成功,從而改善人民陪審團制度。  
Abstract:

The Jury System, the safeguard of individual and the method of people’s direct participation in judicial action, is one of the oldest judiciary in the world. There are two main types of Jury System, one is Assessors System in the civil law system, the other is the Jury System in the common law system. Compared with both China and America’s jury system, this thesis, from the ground of China’s national conditions, tries to analyze and learn from the success of the American jury system and thus to improve the People’s jury system.
 
Jury system refers to the state judicial organ to absorb the legal professionals to participate in the trial, together with the professional judges exercise the judicial power of the judicial democracy. On a world scale, jury system mainly exists in two forms: jury system of Anglo-American law system and continental law system and trial system. From the nature of the people's jury system in current China belongs to the latter, while the jury system with the United States is called a "jury system", but in the history of development, structure, program operation, etc, but there are worlds apart.
 
Chapter 1 the American jury system
 
(1) historical development and the law
 
1, the history of American jury system development. Jury system has always been the one big characteristic of Anglo-American law system. Although modern jury system actually began where, in the western academic circle has always is "an open problem", but are usually considered, jury system in the modern sense started in the UK. In the early 17th century, for the British colonies in North America and British immigrants settled in North America the jury system into the colonies in the judicial system, the development of the colonies, the jury system began to rooted in the United States. England in 1606, in order to protect the rights of British settlers of this release requirements that Virginia's colonial government before without trial or colonial government committee, must provide the jury service for criminal suspects. Then, in 1606, Virginia magna carta is regarded as a jury system originated in the United States. In 1635, Virginia established the grand jury system. The charges is mainly responsible for criminal cases and criminal investigation, and finally to decide whether to transfer the case to the court. In 1641, the Massachusetts liberal platform, can the parties to a civil case and criminal case the parties choose a judge or jury trial. Independent war victory, the function of the judge and jury began to separation, the jury is mainly responsible for the case facts of ruling, the judge is responsible for the legal issues applicable sections. At this point, about the jury system operation mode and scope of the basic set, although the colonies specific operation is different. After entering the 20th century, the American people on the jury system is mainly the following three aspects: the reform of the first is the selection of jurors. Women and blacks can become the jury members, and in some cases involving black crime are also specially asked black jurors participate. At the same time, the traditionally important professionals and provide valuable service to the society of other personnel, can be save the jury duty. Again, a jury matter of principle. Traditional a jury must agree is effective. Now most principles also begins to be adopted, in 12 people jury by 10:2 or 9:3 is considered to be effective.#p#分頁標題#e#
 
2, and the law of the American jury system. The legal basis for the American jury system is widespread, mainly reflected in the constitution, enacted law and judicial opinions, but the most main or provisions of the constitution about the jury system. In addition, the journal of the American federal criminal procedure rules ", "standard of the American bar association jury", the federal jury selection act and other laws and regulations for the jury system also provides a legal basis, these are the American jury system is the legal basis. On the jury in the United States constitution stipulates, basically has the following: (1) around the second paragraph of article 3 of the constitution: "the trial of all crimes, except impeachment shall be made by a jury. The judge should be held at the state, in the crime, the crime but not happen in any state, shall be prescribed by the law of the trial should be by congress to place." This suggests that the jury system is included in the constitution in the accounts of the judicial process, it is the scope of application of the original federal level, namely someone violated federal law, should be subject to a jury trial, except impeachment trial. (2) : the article 5 of the amendment by the grand jury prosecution, the people from death or deprived part of the public right of trial by a felony... Nor may it without due process of law to make the loss of life... (3) of article 6 of the amendment: in all criminal prosecutions, the accused shall enjoy the following rights by the state and the justice of crime happened the jury in a speedy and public trial... (4) : 7 amendments to the constitution in the case of common law, the litigation targets such as more than 20 days, the parties shall have the right to demand a jury trial. Events of trial by jury, except in accordance with the rules of common law, shall not in any court of the United States to review. In addition, the United States still has one place in the constitution about the implication of the jury system, is the article 14 of the amendment: "no matter what the state, shall not designate or perform deprived of privileges or immunities of citizens of the United States law, nor without due process of law to make anyone lose their life, liberty or possessions. And may not be jurisdiction in the state of anyone in the equal protection of the law." It is pointed out in this article, the people at the federal level are protected by law applies to the level of the state, this is, of course, including the jury system. However, the Supreme Court is just to confirm this principle in 1968.
 
(2) the jury system works
 
Jury system as the core component of the American judicial system has been in existence for over 200 years, reflects the American public to the foundation of American democracy, the trust of the independent judiciary. At the same time there are 51 court systems in the United States, the judicial process are diverse, the jury system in civil and criminal procedure not only is there a difference, but there is also a difference between in different jurisdictions.#p#分頁標題#e#
 
1, the grand jury system
 
Currently, the federal judicial system and part of the state judicial system would still retains the grand jury system, and the grand jury system has distinguishing feature very much. Some scholars believe that the United States is the world's only reserved the grand jury system in the world. In criminal lawsuit, according to the federal constitutional amendment stipulated in article 5: "by the grand jury prosecution, the people from death or deprived part of the public right of trial by felony, nor without due process of law makes people lose their lives." This suggests that the federal judicial system, there is no grand jury indictment, may be sentenced to heavy criminal proceedings should not be conducted. States can decide whether to apply this system began to formal criminal procedure. The grand jury's main function is to review the prosecution rights and restriction. States legal regulations on the grand jury composed of is not uniform, with a minimum of 5 people, the most for 23 people, whose members are local citizens have the right to vote of usually have age (no more than 70 years of age), and no criminal record, sanity and other constraints. Selection methods are mostly from the voters in the draw or the selection decision. Jurors have term regulation, general according to the survey of the case against the time required to decide.
 
2, the jury system
 
Small jury system is a general sense of jury system, main function is to attend the trial. In the United States, the system apply to criminal proceedings and mark more larger civil action. In the civil lawsuit, the jury system as a way of conventional trial is unique in the United States. Due to the composition of the jury in the civil action principles and criminal litigation, basically just describes the petit jury system in criminal proceedings. When choosing a jury trial, the defendant responsibilities clearly between the jury and the judge: the jury decided the facts of the case, the evidence which could be used according to decide if the defendant guilty of crimes accused in the bill of prosecution, if the jury found the defendant guilty, sentencing in accordance with the law. Once the jury found the defendant not guilty, the judge to announce the release of the defendant. The jury ruled that have the final effect of innocence. Hearing trial, the jury by the judge directed the jury to legally, explain what facts must be proved to there is no reasonable doubt, in order to support a guilty verdict. The federal system and the system states require, the jury must agree on a formal decision, otherwise known as "suspended without decisions of the jury. Once produced such cases, prosecutors must decide whether or not to Sue the defendant.
 
(3) the jury selection system
 
1, the selection of jurors
 
Jury selection in the United States have now formed a relatively scientific inter-district (cross section) selection system, namely a region is divided into several jury selection, choose the identical number of jury pool from each constituency (jury pool), in order to guarantee its widely representative to the region. But also determined by a 1975 case, if a larger in the jury obviously the one kind of people in a special groups such as black, women from jury pool as a whole, so that the jury will caused by considered unconstitutional the whole jury is invalid. The jury is the mirror of the community and microcosm, it should include different age, sex, occupation, race, culture degree. The jury on behalf of the community, can root to determine whether the accused is guilty jurors personal feelings, even if the government has proved the existence of the facts. List of jurors from the list of voters, driver's license in the list of registers, can also from other time update, the list of the wider choice, as long as according to these lists, can be chosen from comprehensive and justice in the society to the jurors.#p#分頁標題#e#
 
Every time the number of jury varies according to the nature of the jury. The jury by the grand jury and small points the jury. The grand jury is generally composed of 23 jurors, the main responsibility is to determine the case facts against the defendant is clear, the evidence is conclusive. And the jury consists of twelve jurors commonly, is mainly responsible for controversial issues in the case and make a decision. However, not everyone can be elected by the people as a juror, pass filtered judges, prosecutors and lawyers to ask questions, questions are asked by the prosecuting and defending parties in the jurors, can preliminary understanding to the jury for the attitude to the case, and by his own estimate and judgment, asked the judge so-and-so jurors may not impartial judgment reason, after the judge agreed to achieve the purpose of to exclude the jury. The prosecuting and defending parties in addition, there are eight "without" ruled out the number of jurors that don't need any reason, only by feeling rule out some of the people. Due to the success of the selection of jurors, the judgment of the case results have a significant impact, at present, the United States has some knowledge of psychology and law experts rent out that jury selection information ", provide service for jury selection.
 
2, the jurors qualification remove and cancel
 
For some special position left the job to jury service, will affect the normal social order and security, so for most federal and state laws stipulate the scope of the qualifications of exempt from jury. Federal law requires, more than seventy - year - old old man, as a key department minister, to take care of minors under the age of 12 people, lawyers and law students, nurses and doctors, dentists, exempt from jury qualification. Many states have further regulation, from people juror qualifications include, fire, police and other law enforcement officers in the semester as a main work of the teacher, telephone and telegraph workers, emergency workers or paramedics and court, etc. In addition, if the jury qualification will objectively make it difficult for some people and can also be exempted. For example, are far from the court and of no can rely on traffic tools. Families with emergency or business need to solve the problem of people; During the need as a juror is another case of witnesses or participants in the proceedings and so on. Work, although a jury is an obligation of citizens, but the U.S. government for the citizens to consider very thoughtful, random strain according to actual condition, not to generalize or stand.
 
If someone has been officially selected as jurors, but there is evidence to prove that he works in the jury happened during misconduct, will be disqualified from jury. These improper behavior is similar to what we call the reading behavior, there were many forms, such as court evidence collected by the outside alone for trial; The news, or newspaper published information about the case to trial; Discuss with the jury cases; The case with the method of the flip a coin to make a decision; With any of the parties or their attorneys have contact; During the jury drinking or using illegal drug and so on. In these situations will tilt the balance of the law, especially in criminal cases, is not conducive to the jury, to judge the case effectively, so once proved to exist the behavior, the offender will be out of the jury team. Each person's legal quality is different, but the specification once became a foregone conclusion, does not vary from person to person. So, in order to jury duty, jurors must soberly realize his shoulder responsibility, during the jury misconduct your behavior all the time, can't cross the half step, from the block.#p#分頁標題#e#
 
3, the jurors rights and obligations
 
According to the laws of the United States, jurors have the following rights: (1) to enjoy the right to economic compensation. Although the compensation is limited, only symbolic, not all full fill the jurors in during the actual losses caused by the jury, because as a juror is a kind of obligation, a responsibility, not a professional, can't ask their pay and reward is proportional to the. (2) the right of privacy. The United States Supreme Court ruled that individual has not put their privacy public's constitutional rights. So, in order to ensure the normal of the jurors work, no matter when, including audit procedure in advance, can't the juror involving personal privacy or problems with sensitivity. (3) guarantee the right of personal safety. Personal safety is engaged in the work of any person should first consider the question, the security of the jury is related to the judicial work. In addition, the jury and the right to make the law without binding, predict the jury the rights of the related matters, etc.
 
Have the right to have a duty to, when citizens are selected as jurors, enjoy various rights at the same time, also must bear certain obligations. During the preparation phase, for example, the jurors were chosen after receiving the court summons, must be in accordance with the relevant provisions of the date and time to the court for qualification audit procedures; In the review process in advance, must truthfully answer the judge or the lawyer's question, honestly to say will be hearing a case of views and experiences with the similar cases in the past; Bias cannot be the case, nor with any of the parties have an interest; In the maintenance of personal privacy, the jury cannot borrow the name of privacy refused to answer any questions you don't want to answer, have an obligation to answer the necessary questions and make sure what are the facts, or a lawyer to help the judge work; On the issue of personal safety, if the jurors from jury duty due to worry too much about his own safety, it is a kind of irresponsible and other obligations.
 
Chapter.2  The United States of the jury system differences
 
People's jury system in our country is a basic system of our country's civil lawsuit, refers to the people's court in accordance with legal procedures and conditions for the judiciary to absorb non-professional as jurors in case law system. The people's jury system of our country in form similar to the continental law system and trial system. Relative to the American jury system, the Chinese people's jury system there is a difference in many ways.
 
(1) historical basis difference
 
The history of the American jury system is very long, in the stage of the development of the jury system the United States called the west jury system. In 1776 the United States after independence, the United States will be the jury system in the become a part of the constitution of the United States in 1791, including 10 in the amendment of the bill of rights. Since the development of the jury system in the United States for a long time.#p#分頁標題#e#
 
The Chinese people's jury system, there has been a development in late qing dynasty. The late qing period, such as shenyang this was ordered to reform China's feudal law, old claim according to the jury system in the west. Shenyang in 1906, this play on the submission of secret memorials had great differences procedure is proposed to please first pilot folding suggested in the introduction of jury system way: "a appropriate a jury system. Also does the rites of autumn officer, palm sting of three sting method, three stab thorn all nations, and all the people will all think can kill, and then take a punishment of clothing on. This method coincide with mencius' kill americans purport, actually the jurors QuanYu. Qin and han dynasties, not smell system. Today what countries, real close to the Chinese ancient." In the qing criminal civil procedure law, the jury system in detail, including the jurors qualification, produce program, the jury, etc., but it failed to enact. In 1927, wuhan government of the republic of China's "regulations on the jury trial, has certain progressive significance, but also not implemented. In 1932 the Soviet republic of China issued by the ministry of the central executive committee of the regulations on the provisional organization and referee have specific the rules of the jury system. Until after the founding of the People's Republic of China, we follow the example of the former Soviet union trial system, formal practice and review of the people's jury system. Visible, the foundation of people's jury system in our country lack of history, not a system, growth, mature process, also the lack of a system should have the consciousness of common common people, just passively imitate others model, so the people's jury system in our country does not have the right position for a long time and can't play a proper role.
 
(2) the cultural difference
 
Different culture will gestate different legal form. Law is part of culture, legal system, legal behavior way and they reflect and embody the concept of legal value, are abstract content, can be included in the category of culture. Italian theologian Romano, quaint Denny said, "the measure of culture, is not only a question about what culture function, and it is a question about one in which how to form". The original inhabitants in America is in its suzerain persona non grata, exile, protestants, etc., in order to avoid persecution, imprisonment Dai Zhe worse treatment came to North America, and in a kind of have to struggle for survival environment in the development of an emphasis on individualism, confrontation and enterprising spirit of culture.
 
The American jury system is developed on the basis of the culture, with its profound cultural heritage has inherent in particular. The American jury system based on americans advocate individualism and the pursuit of democratic culture, it has established the purpose and the direction of development has an obvious colour and strong spirit of democracy, equality protect individual rights and interests are not affected by power encroachment. So the core of the American jury system is individualism, meet the people for the pursuit of individualism and democracy. The development history of our country and the United States is very different, so the formation of the culture is also different. In our country for thousands of years of feudal autocracy, forming strong legal culture. In contrast to the antagonistic culture, with the United States is country and sex culture in China. Chinese-american scholar lung-kee sun pointed out in the context of the personality development of the Chinese people: "a very basic principle of Chinese culture is" harmony ", therefore, always think 'or' is good, 'points' is not good." . This kind of harmonious sexual culture decided our country society rather than to individualism collectivism as the core. Collectivism emphasizes the personal interest obedience collective interests, when individual interests and collective interests conflict, individuals to the collective interests, and even to sacrifice personal interests when necessary. Lack of antagonism and sex culture, so in order to achieve the likeable atmosphere, personal in order to avoid conflict and easily give up their point of view.#p#分頁標題#e#
 
In ancient China's dominant idea is rational, perceptual, heavy duty, and the right size. Thousands of years of feudal thought too much emphasis on personal responsibility and disregard for individual rights, lack of right consciousness, causes our country traditional culture greatly distorted human natural, social and mental attributes. In this kind of traditional culture, law is a means of ruling people by the people, and tools that people is only the servant of rulers followed. "The theory of xunzi, the ritual," xun zi said: "life is full of desire, the desire and shall not be, but not without his wrath and without measure, is for random. King bad mess. So the system of etiquette to raise human, give a person the request, make to do not struggling, surrender to the desire of both treatment and long, is the play of the ritual." "Abstinence" of Confucianism and Taoism "passionless" concept, and the song at the concept of "desire" to go to, and is, in fact is a contempt for individualism and negation. Coupled with the feudal society insurmountable guarded hierarchy, there is no equality between people, society is like a "pyramid", everyone can live in his class, and can't cross the step. In ancient China, people just family, an inanimate tool, neither right ability, or incapacitated. So sedimentary decided our country's history in our country is unlikely to have individualism in the traditional culture tradition, also is impossible to have
 
The foundation of a produce similar to the American jury system.
 
(3) the legal basis of the differences
 
Is different from the United States have long to write the jury system into the constitution, the people's jury system of our country before the 1982 constitution, the people's jury system as a constitutional clause into the constitution, but in 1982, is to be out in the constitution. Jury system mainly of PRC in 1983, modification of the constitution of the people's court and the three major procedural law, as well as on May 1, 2005 implementation of the "decision on improve the system of people's assessors" (later referred to as "decision"). Concrete has the following provisions:
 
On September 2, 1983 by the sixth people's congress second conference modified stipulated in article 10 of the constitution of the people's court: "the people's court for the trial of cases of first instance, the collegial panel composed of jurors and people's assessors; simple civil cases, minor criminal cases and cases otherwise provided for by law, by judges alone as a trial."
 
1996 revision of the provisions of article 13 of the criminal procedure law: "the people's court trial jury system." , the one hundred and forty-seventh regulation: "grassroots courts, intermediate people's court of first instance cases, should be conducted by three people or collegial panel composed of judges and people's assessors totalling three, use the summary procedure except cases. The high court, the Supreme Court trials of cases of first instance, shall be shall be conducted by a collegial panel of three people to the person."#p#分頁標題#e#
 
Facts on May 1, 2005 "about perfecting the decision of the people's juror system" make the operation of the system of people's assessors had a more specific legal basis. The concrete elaboration, later in the differ a list.
 
(4) the concrete differences of the operation
 
From a macro sense, both the survival of the polity, polity and economy foundation, litigation mode, such as guiding ideology, historical mission fundamentally different. Tell from the micro in both jurors term, such as division of the candidates are fundamentally different. In particular has the following several aspects:
 
1, the provisions of the jurors
 
(1) the selection of jurors. As mentioned earlier, in the United States, members of the jury generally selected jointly by litigant both sides. But in our country, according to the "decision" of the National People's Congress (NPC), selection of people's assessors "by its place unit or the grass-roots organization of census register seat is recommended to the grassroots people's court, or I apply the basic people's court shall jointly with the judicial administrative organs of the people's government at the same level for examination, and the grassroots people's court put forward people's assessors, refer them to the appointed by the standing committee of the people's congresses at the corresponding levels."
 
(2) the juror qualification. The law, not full 18 one full year of life, living is not local, people don't understand English and hearing is defective, have criminal record, no qualification to serve as an jurors. Traditionally, judges, lawyers, doctors, teachers, firefighters, and government officials may not serve as jurors. U.S. law in order to guarantee the impartiality of the jury, requires the original list of the jury in terms of race, gender, age and other representative, and asked the participants of the jury I should not have any bias. While our country is mainly based on "the organic law of the people's court" and "decision" of at least 23 years old, junior college or university level of education, enjoy the right to vote and be elected in the mainland, with no criminal punishment, was expelled from office and criminal record of citizens can be elected people's assessors. Method, inspection, male, department, and set up the authority staff and practicing lawyers, etc., shall not serve as people's assessors. By visible on the "decision" relatively strict with jurors age qualification, general rights without restrictions for doctors, teachers, without prejudice to the jury may be made legal institutional restrictions.
 
(3) the jury's term. In the United States, some of the federal court jury in six weeks or longer for selected. State courts have different requirements, but many state shall practise a system of "or the day of trial", namely if a jury in a case of the jury, he was the jury duty, no longer for send to other cases. If a jury to FaYuanBao to, for selected in a day, even if no was elected to a jury, he was also seen as completed its jury duty.#p#分頁標題#e#
 
Article 9 of the regulations in China, the "decision", "people's assessors" for a five-year term. Article 18 is the "implementation opinion", "people's assessors for a five-year term, proceedings deficiency supplement". "Decision" and "implementation opinion" provision of the people's assessors can term after the expiration of the term.
 
(4) the powers and authorities of office of jurors. The American jury system, the jury and the judge has a clear division of functions, the jury is responsible for the fact that professional judges are responsible for the specific applicable law. And the organic law of the people's court of our country stipulates: the people's jurors during performance of duties, is what he has to attend component members of the tribunal and shall have the same rights, the people's assessors and professional judges in case a par, in the exercise of jurisdiction, with professional judges both paths, which makes people's assessors to from beginning to end in a case, the ownership of the enhance their sense of responsibility.
 
2, the scope of the jury system
 
From jury for the types of cases, the United States in addition to the impeachment, the rest of all the case applicable jury system, including all criminal cases, litigation target to achieve a certain amount of civil cases. U.S. federal and more than half of the states have provisions for a felony prosecution must be decided upon by the grand jury. According to the rules of common law, for minor under 6 months imprisonment, don't need a jury trial. In civil cases, more than $20 in the common law of litigation, including personal injury and for breach of contract dispute cases for trial by jury, of course, the equity of a case shall not apply to a jury trial. In our country, all kinds of cases can apply the people's jury system, but in practice, the criminal case applicable jury is more, with less civil cases, administrative cases. From the jury applicable court level, in the United States, the court system is more complex, whose level is not the same, at the federal level, the federal district court in general for single trial, major cases by a collegial panel of three judges and called for a jury trial. Regulations at the state level, most states court jury trial must convene at the grass-roots level. In a word, only use the jury trial court, the court of appeal in fact no longer, no longer need to the jury. A two-tier appellate system in our country, the "decision" provisions of people's jury system can only be applicable in cases of first instance. In the retrial procedure, turned out to be the first trial, can apply the people's jury system, which turned out to be a second trial, the people's juror system shall not apply.
 
3, the difference of jury system of safeguards
 
The jury system in the United States, has a profound historical foundation, has formed a complete set of security measures. Such as the equality between men and women in the process of jury selection principle, the principle of racial equality, for avoiding and peremptory challenges with that guarantee the social representation and impartiality of the jury. , by contrast, China's system of people's assessors pales in this respect, there is no system of form a complete set of rules to regulate the operations of the jury just stay on the surface, the role of the jury is quite weak.#p#分頁標題#e#
 
4, jury system running effect
 
Jury system in the United States has a profound historical roots, U.S. citizens constitutional rights for choosing a jury trial, the jury system and corresponds to the American political system, and the jury system with the strong support of relevant law, the American jury system running effect is good and rich vitality. People's jury system in our country, by contrast, still has some defects that nots allow to ignore, for the performance of the jurors in trial activities, "with" without trial, "trial" and is not found, jury into a "foil", jury formalization, jurors overall quality is low, play a little role in judicial practice, the people's jury system running effect and expected from far off.
 
Although the jury system in China and the United States there are differences in many ways, but I don't think the people's jury system of our country jury system with the United States have substaintial distinction, because regardless of the continental law system and review system or Anglo-American law system, jury system were civilians to participate in judicial form, different is due solely to participate in the way of expression. From this perspective, the people's jury system has essentially have in common with the American jury system, the court gives ordinary citizens equal to professional judges trial by jury and the court to decide whether or not guilty, all is the embodiment of the democratic ideals. China's people's jury system has mentioned above is has the value of jury system in the United States. In the judicial practice in our country, the people's jury system in terms of curb judicial corruption, restricting rights abuse have played an important role to be reckoned with, people's assessors and professional judges to exercise the judicial power, the way to realize judicial democracy and safeguarding judicial justice. People is not the object of justice should be the subject of the judicial, the people's jury system embodies the public participation to the judicial activities, help to improve the credibility of justice, to cultivate the public confidence in the justice in our country, to the court more timely, fast and correctly deal with the case, to expand the publicity effect.
 
Chapter. 3 people's jury system in our country present situation and perfect
 
Famous French political thought James he said: "the jury system, can the people themselves, or at least part of the citizens about the status of the judge. This is essentially the leading social power in this part of the people or the people's hands." So, on the necessity of the jury system especially, it is beneficial to the realization of judicial justice, judicial public and independent judiciary. Is the people's democratic dictatorship of socialist countries in our country, the people enjoy all state power, is the master of the state, shall have the right to justice, of course, as a result, the jury system in China has a broad living space, is in tune with the development of The Times. Lord denning said: "the ever-burning lamps of freedom, the constitution of the gear. But had to admit, the jury system of our country's existing still exist many defects, and also needs to be improved.#p#分頁標題#e#
 
(1) in the improvement of the legislation
 
People's jury system in our country is by the organic law of the people's court of the People's Republic of China and China's three major procedural law provisions, but did not make the people's jury system and hold as a citizen rights in the constitution of people's assessors. The people's jury system in judicial practice at present mainly based 05 "decision". However, the provisions of the "decision" is too general, lack of integrity. In view of this, the author thinks, should fill the current constitution, each department of the people's jury system of vacuum, at the same time, to further improve the "decision" of the standing committee of the National People's Congress. First of all, should be clearly stipulated in the constitution citizens can be used as people's assessors participate in judicial work. Constitution as the country's fundamental law, it is about the height of the civil rights and obligations and design are summarized. Only in the fundamental law of the constitution height up to design this system, can be formed in society for trial and for people's assessors, respect the people's jury system of the rule of law concept, so as to improve the participation of citizens to political rights, realize the people are masters of the country, to ensure that the "people's sovereignty" truly established in the judicial trial. Second, to guarantee the realization of the right of people's assessors taking part in, in addition to the jury power power source must justify, the strict specification program must also have a set of design rules, so that in the course of legal proceedings. At present our country "the organic law of the people's court" and only three big procedural law principle is carried out for the people's jury system, the lack of specific operating rules, caused in the process of concrete operation is not standard and not unified. It is necessary to develop a special "law of people's assessors", the specific provisions of people's assessors qualification, selection procedures, scope of the rights and obligations of the people's jurors, the jury cases as well as the jury process, etc., at the same time corresponding specification in the three major procedural law jury in the trial operation program.
 
(2) make a clear definition of the scope of people's jury system
 
No specific provisions in the "decision" must be carried out on jury case scope, only in the second article: "the social impact of the larger criminal, civil and administrative cases of the plaintiff to apply for the case to trial by the people's jurors participate in a collegiate panel." For the what is social influence, how to define, did not make specific provision, thus result in many cases is decided by the judge, the conceptions of the judge. Therefore, in order to guarantee the basic rights of the parties to the greatest extent, it is necessary to make a clear definition of the scope of jury cases.#p#分頁標題#e#
 
The author thinks, should establish a legal regulation system of combined with the parties the freedom to choose. On the one hand, can free choice by the parties in the case scope includes: the people's court for ordinary procedure of criminal, civil and administrative cases of first instance; In the region have a significant impact on cases; In cases of modern scientific knowledge or expertise, etc. Due legal regulations limit the use of, or unfavorable use cases are: not hearing a case in accordance with the law; Appealed or protested cases; The minor crime cases; The case is simple, clear the rights and obligations relations, controversial case. The supreme people's court shall also be for what is greatly influenced by fuzzy language, such as the specific judicial interpretation.
 
(3) on expanding our scope of qualification of jurors
 
For the qualification cognizance of the jurors, on the one hand, we should be permeated with the spirit of democracy, broaden the sources of jurors, make jurors have widely representative, not limited to citizens to participate in the jury to do too much, not too exacting, its qualification requirements for its cultural degree not high, should not be limited to the organs, social organizations and enterprises and institutions of leading cadres, management personnel and professional and technical personnel, should also include representatives of all levels groups such as ordinary citizens, as much as possible to achieve the social common cognitive moral, experience, habit, permeate cases, such as ethics, offset of the rule of law and legal form to play the function of rationalization defect.
 
On the other hand, we should play an active spirit, for case jury selection must be scientific and reasonable. Specified in the "decision", the people's assessors for a five-year term, how much this let the people's assessors have some professional color. Practice, therefore, should stick to the case of a selected, in principle, insist on a random sample, lottery, to prevent the emergence of the "jury professional and strict limits for the than frequency of people's assessors. In solving the universality and limits the contradiction between the level of education, can draw lessons from China's current have been faring relatively mature people's electoral system, according to the region's population, according to certain proportion budget shall be elected by the jury.
 
(4) improve the guarantee of people's assessors restriction mechanism
 
In the existing laws and regulations, the people's assessors during performance of duties, the original work unit to pay wages and work unit shall not be deducted or disguised its salary of embezzle part of what, nearly, and other benefits. No fixed income of people's assessors participate in trial activities during the people's court shall give appropriate subsidies. The author believed that the above regulations should also be further perfect. Just think, people's assessors enthusiastically join jury team, if the person, such as independence, remuneration cannot be guaranteed, will reduce the enthusiasm of the jurors. To this, can draw lessons from the United States is relatively perfect security system, form a security system to our country. First of all, should be clearly stipulated people's assessors and judges to have the same personal security, to suffer harm as a result of performing their duties, based on the degree of the act's harm to jurors fully charged right, at the same time, respectively to obstruct the proceedings or hinder in performing their duties. Second, wages and other benefits to skimp on jurors to illegal rules of unit or organization, set up a special organization should be defined in the form of legislation or regulation agencies management, to solve the trouble back at home of jurors system. Again, expand the people's jury system propaganda and focus on cultivating soil is suitable for the healthy development of the people's juror system democracy and social environment. The healthy development of a legal system cannot be separated from the social environment of the internal support, needs profound accumulation.#p#分頁標題#e#
 
To sum up, people's jury system in our country's jury system with the United States there is a considerable gap in many ways. But that we cannot therefore relative merits of the conclusions, the history of the two different environment and cultural tradition determines the necessity of system differences exist. However, we should also clearly see that the American jury system, as the representative of the Anglo-American jury system calls for our study and reference. As the world's diversity, the various countries' culture fusion, we do by the strong impact of American culture. As a result, we are absorbing their advantages, also should consider to the particularity of the local environment, considering the external system and the dependence of the legal system of internal relations. "Considering the legal system, not to people want to guard every moment of the crowd, but they can also freely up occasionally look bright starlight, blooming flowers and trees and the necessity of the in and aesthetic feeling." The people's jury system in our country to reform today, should be guided by the American jury system is a bit more, in order to improve the people's jury system in China.
 
References:
 
[1]. The administrative litigation law [M]. Beijing: Peking University press, 2004.
 
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