对我国陪审制的否定性思考-法律专业论文.docxVIP

II II Abstract Jury system originated in ancient Greece and Rome during the 5th to 6th century B.C. The system was then in essence a “democratic judgment system” based on the debate and ballot judgment within a jury that was composed of hundreds of democratically elected citizens. And as it came to the historical period of autocratic monarchy, such a system began to fall apart, for democracy, cornerstone of the jury system, no longer existed. Then modern jury system emerged in the 11th to 12th century B.C. During its struggle against the feudalist forces, the British royal monarchy has established a jury system with the participation of the public, which evolved into the grand jury and the common jury. As their functions changed, the former faded in history, while the latter continued its service. Later, the British colonists brought their jury system to America where the system witnessed a rapid development. In the U.S jury system today, the jury, composed of 12 jurors, is to decide the truth of factual evidence, while the judge to decide which laws to apply to the case based on the judgment of the jury. Currently, the jury is seldom needed not only in civil cases, but also in criminal cases due to the prevalence of plea bargaining. Nonetheless, in France, a typical example of continental legal system, both the jurors and the judge are to decide the truth of factual evidence and which laws to apply, while in many other countries, the expert jury system is formally established. The design of jury system appeared in China during the westernization movement of the Qing Dynasty. Though written in laws of the Republic of China and that of the soviet government led by the Communist Party of China, the jury system was by no means implemented effectively. After the founding of the People’s Republic of China in 1949, a people’s jury system was finally adopted, which was similar to the assessor system in the west. Since then, China’s legal system has undergone several import