【文章內(nèi)容簡介】 jury system was also introduced into Germany. (B), briefly describes the development of jury system in our countryAlthough China39。s jury system started in the Qing Dynasty ④. However, the brutal current situation in the old China caused the difficult legal construction in China, civic rights and judicial power can not be effectively protected, and jury system has bee a dead letter.At the beginning of the founding of New China, under the leadership of the Communist Party of China and based on the experience of building a jury system in the base area during the War of Resistance Against Japan, such as the jury system adopted by the famous Ma Xiwu Trial Method, the Common Program of 1949 and the People39。s Court of 1951 Interim Organization Ordinance provides for the jury system. The 1954 Constitution recognized it as a constitutional system and Article 75 of the Constitution clearly stipulates: People39。s courts shall try their case in accordance with the law in the trial of the people39。s court case. However, during the Great Leap Forward, especially during the Cultural Revolution, military personnel took the place of judges for handling cases, the judicial system was attacked and destroyed, and the jury system also suffered serious alienation. In 1978, China began to restore and rebuild the judicial system, and the jury system was rebuilt. Article 41 of the Constitution, passed in the same year, stipulates: The people39。s court shall try the case in accordance with the law and carry out the system of mass representation of the jury. Subsequently, the newly promulgated Organization Law of the People39。s Court in 1979 and China39。s first Criminal Procedure Law Also made provisions. At this point, jury system as a trial system has been established, and mandatory. Due to the strengthening of the people39。s democratic awareness and the advance of the political system reform in our country, the value of the people39。s jury system has been greatly watched. On August 28, 2004, the 11th meeting of the Standing Committee of the Tenth National People39。s Congress passed the Decision on Perfecting the System of People39。s Assessors, which is the result of continuous efforts by all walks of life in the exploration and development of the system of people39。s jury in our country Development provides a new opportunity.Second, whether the people39。s jury system should be retained in China and its existence. (A) whether the jury system should be retainedAll along, both judicial practice circles and jurisprudence circles have fierce arguments over the existence and abolition of the people39。s jury system in our country. The reasons for prehensively opposing the retention of the jury system are as follows: 1, jury system does not meet China39。s national conditions. Due to China39。s several thousand years of feudal autocratic rule, resulting in an independent personality and a weak sense of democracy, the people easily succumbed to authority. And China is a humane society. The people have always been paying attention to the human race and ignoring the rule of law. The trial is susceptible to the influence of human beings. 2, jury staff difficult to meet the trial requirements. Although the people39。s jurors selected by the people have certain legal awareness and judicial experience, they still do not have the ability to handle cases, especially the plicated cases。 3, jury fees easily lead to waste of resources ⑤. People39。s jurors participating in a large expenditure of expenses such as the loss of working time, boarding fees, transportation expenses, etc., most of these costs are spent by the court from their own office expenses. In response to the current status of courts in China at various levels, there is still a lot of pressure to bear this cost. In response to the above three points of objection, the author one by one ment, that the people39。s jury system needs to be retained. 1, look at the status of China from a development perspective. Our country experienced a long feudal society is not fake, but not in vain under the people of our country to submit to the power, the opposition to participate in the conclusion of the judiciary. From the development process of the people39。s jury system in China, we can see that the Chinese people are paying their own rights to fight for power proactively in a stepbystep approach based on their own masters39。 attitude. The democratic process in our country has a clear view of both the public interest and the law. Citizens have great improvement in their legal and legal knowledge. It is hard to gain a foothold to deny the existence of the jury system by the long history of feudalism. 2, a prehensive vision to understand the meaning of jury. Jurors, in terms of their professional legal literacy and trial experience, are indeed not as good as professional judges, susceptible to feelings and perplexity of perjury, and sometimes difficult to make accurate judgments and understandings in plex cases. Judging matters, however, the jurors can perceive issues from the perspective of social ethics and social mon values ??and have the advantage of correctly reflecting public opinion. It is also in line with the requirements of contemporary China39。s trial that the most reasonable reason should be chosen to maximize its legitimacy in the trial of the case. 3, with rational values ??to understand the essence of judicial efficiency. I think the jury system is a matt