중국 민사재판상의 인민배심원제도에 관한 연구

Abstract

The jury system is a system which common civilians can have an access to judicial practices and play a role in the trial with the collegiate court. China has used the jury system on the judicial procedure for a long time. And chinese civil jury system is used in the first instance of civil case that common civilians jurors and judges have no specific division of work and they jointly determine the facts and legal issues. Because it is not the judge but common civilians that participate in judicial practices with the particular civil case which had a big impact on the community, it can help the court to lighten their burden and also can improve the effectiveness of trial. At the same with the higher transparency of trial, the corruption has be cut off and can improve the common sense in law. And it also can realize the judicial justice. However, the jury system still has much problems for that it has not been established in the Constitution and a special law for the jury system has not been founded yet. There is a phenomenon that “Accompany without trial, the trial without discussion”, there has no specific regulation about how to appoint a people juror neither the term of it. At last the talent of people juror is poor and lack for the supervision of management. For the solution of those problems, provide the jury system in the Constitution. So that it can exclude from the possibility of unconstitutionality and affirm the social value of the jury system. And also affirm the jury system’s role and function. And in order to provide people juror’s appoint and the term in detail, it is need to legislate a special law. It is important to improve people jury’s supervision and management, and improve the quality promotion and work quality. It is also important to improve people jury’s sense of participatory trial. Perhaps those solutions can resolve the chinese people jury system’s problem completely.