The common law of the jury system in our country and the peo

The difference between the jury system in the common law and the

our people's jury system

Today we are going to talk about The difference between the jury system in the common law and the our people's jury system , I will according to “the meaning and function”, “the historical roots” and “the difference between the juror “ these three aspects to elaborate the comparison:

In the common law they select 12 citizens, whose power equal to the judge. The final results must depended on the jury internal vote. The jury's basic function is to determine the facts. In the lawsuit, the judge is not considered facts, the judge's basic function is to control procedure, according to the fact that the jury decided. Jury’s selection is carried out in public, the jury come from each social class, so the are representative. At the same time the 12 people jury scale, compared to the continental law system, for example, the three people's collegiate bench system more not easy to bribery, from another aspect to ensure the impartiality. Chinese people's jury system is born by transplantation. Chinese people's jury system production has its own political, economic and cultural history background, once to our country judicial work of democracy and the legal system construction has also played an important role. But today, because our country people's jury system in

the legislative, judicial, and many other aspects of the defect, the actual function is not big. People's juror system has the following characteristics:

1. jury is comprehensive. 2. the relative immobilized jurors. 3. jury system choice randomicity.

The Anglo-American Law worshiped cases. The continental law system is exalted code. In British and American, cases are refered to the former cases, in addition the judge can also consider using written law to found. If the same situation occurs in the continental law system, the court will according to the clauses in the law. In Anglo-American law judge plays a negative role of neutrality, and will not participate in the debate. In the continental law system,the judge is a positive role and from the Anglo-American law system, judge can only use regulations and cannot use case. the difference of juror from the Anglo-American law system and Chinese system could be summarized as the following three points.

1. The way to produce:

American jurors are selected randomly, China jury selected recommended by their units or basic-level organization, or he or she put forward an application, the grassroots people's court will do some examination, and at last submit to the people's congress standing committee appointed.

2. Work in different forms:

The jury are generally "temporary" that is usually finish review after a case is not retrial other case; China's jurors within next (5 years) to have been involved in many cases in court.

3. Different treatment:

The jury chould not get any pay but just a meal, China's jurors have wages or call subsidies (a month 600-1000 according to different area range).

4. Work in different forms:

In the Anglo-American law system The jury decided conviction, but the judge decided something except conviction, including the measurement of penalty, the jury to provide legal consultation, host trial, etc; China's jury should review the facts and will determine how to apply the law, our jury and the judge has the equal rights.

Thank you!