jury

Temporary civil court

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The jury should be called the temporary civil trial or the civil trial according to the English meaning. A jury is a group of people who swear to a judge and make a verdict on a given case, especially when called by law to hear and make a case in court Final award A group of people. Jury is the group used to judge the facts in the court, which is often found in Anglo American law system country. judicial system Adopted in The Jury System Of U.S.A , UK and China Hong Kong Etc.

The jury system refers to the system of The right to vote A system in which citizens participate in deciding whether suspects are prosecuted and guilty. The jury system originated in England, with British colonies The jury system was introduced into the United States and a series of reforms were carried out in the United States, which made it develop better in the United States than in Britain.

The determination of the facts of the case is trial court The important work of the jury Judicial system The jury composed of ordinary people is usually used to determine purely objective facts. The verdict of the jury is called verdict The judge will make an informal judgment only with the effect of finding facts, and the judge will make a judgment based on legal judgment. If the jury finds that the facts are unreasonable or violate the legal instructions given by the judge, the judge may apply one by one to exclude the jury's conclusions To pass judgment directly (It is called JNOV in common law).

The jury is divided into Grand jury and Minor jury 。 The grand jury is only applicable to criminal cases and consists of 23 people. Its main duty is to decide whether to prosecute. It can try several cases within its term of office (usually 4 weeks); The small jury will participate in the trial to determine whether the defendant is guilty, and civil action The middle is to decide whether the defendant should compensate. The small jury is generally composed of 6-12 people, one group for each case.

Chinese name: jury
Foreign name: jury

Scope of application: Anglo American law Department country
Classification: Juries and mini juries

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Institutional origin

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British and American scholars have argued for a long time about the origin of the jury system, but ultimately there are still different opinions. Some people claim to have found traces of this system in Athens, a famous politician in ancient Athens Solon A series of reforms were carried out, one of which was the establishment of a citizen jury court called "Helier". Jury judges are elected from the citizens of Athens who have reached the age of 30, and then take turns to participate in the trial of cases in a certain order. The number of jury judges participating in each trial is about one tenth of the total number of jury judges in the court. The trial results are voted by the jury judges in the following way: Ticket box Put stones inside.

Ancient Rome Justice of Judicial power Originally, it belonged to the people's assembly, and each case was heard by 30 to 40 judges. Judges are all elected from among citizens and re elected once a year. But if it is true, it cannot explain this before the formation of Britain mediterranean sea The country has already died out. What makes us question here is how can the system extend from a "dead country"? Although there were some systems in ancient Athens, such as resolving disputes by dueling and a large number of judges participating in the trial, there was no provision in the laws of ancient Athens that the obligation of an entity was trial. Some scholars claim that Anglo Saxon is the origin of the jury system. They quoted relevant provisions in the law of Ethelred II to prove their views, but some scholars still insist that the system is duke of Normandy After conquest by Norman It was brought by the first person.

However, it is generally believed that jury is a system in English speaking countries, and its vague origin and development process, in Anglo Saxon（ Anglo-Saxon ）The nation plays a very active role in its history. Its political role is reflected in the protection of privileges attached to the autocratic government, and its legal role is reflected in its power and actions that are sometimes not and already exist Legal Theory It is consistent with legal practice. the jury system cover Overpraise For "security of Englishmen's lives".

Strictly speaking, the jury system consists of Henry II Established by a series of edicts. 1166 Clarington edict It is stipulated that after the occurrence of a criminal case, County Court and Hundred courts 12 local free persons who are familiar with the situation should be summoned to court to swear and charge the criminal suspect. In 1176, it was also stipulated that after the circuit court arrived in a county, a prosecution jury should be formed to prosecute the criminal suspects in the county, also known as Grand jury 。 And then gradually separated Minor jury The grand jury is only used for criminal cases to determine whether to prosecute suspects. The small jury is applicable to civil and criminal cases, mainly for cases Factual issues The grand jury was abolished in 1948. Some scholars have analyzed the reasons for the establishment of the jury system, and believe that it was a judgment of God The denial of "Ordeal" and "Confession", which believe that these two ways are to simply prove the crime in a supernatural way, while abandoning the true sense of trial, which is an unjust act; At the beginning of the 11th century, the King of England summoned 12 local free people who were familiar with the situation to participate in the investigation of the local land, which we call the "Domesday survey", in order to weaken the financial power of the feudal lord church and increase the economic strength of the royal treasury. However, the author believes that this is only from the perspective of institutional form and economic base If we analyze the essence through the appearance of things, we will find that there is a more profound historical reason.

In 1066, the Normans invaded England And established Norman Dynasty , which accelerated the feudalization of Britain and led to Feudal centralism The establishment and strengthening of the royal power, the feudal forces are extremely strong, and the strong feudal forces are often accompanied by autocracy and tyrants, at the same time, the autocracy of justice and even the arbitrary and independent monarchy. britain feudalistic age And has a close relationship with Britain's full-time monarchy, Norman Conquest Later, the king sent royal families to various places provincial governor (royal commissioners) to replace the old system of the king's wandering around to deal with affairs. At first, there was no special appointment. Later, there was a practice of instructing the sheriff to try a specific case, because many sheriffs were royal judges themselves. Carolingian dynasty There is a so-called cancelarius, and the Secretary General is responsible for keeping the king's Imperial seal 。

Edward the Confessor It is the first British king to have a imperial seal, and also the first one to set Middle order The king of England who is in charge of the imperial seal, so the order in the middle is sometimes translated as“ Minister of Seal ”, and this "minister holding the seal" is the embryonic form of the current British Chief Justice. It is the inextricably linked relationship between judges and feudal autocratic monarchy and feudal ruling system that makes judges more arbitrary, but to a certain extent, it damages the king's own unique interests, which include those directly reflected in the king's treasury economic interest , and more importantly Social order Dominant Political interests ； And if the people's hands are not reserved Government action Of veto power (veto), then it will no longer be the servant and agent of the people. It will control all power and become an absolute autocracy that oppresses the people. Therefore, ordinary British people also have a desire to fight against the judge's perversion of the law and get a fair verdict. So under the strong collision of two demands for different purposes, The jury system came into being naturally in the king's law.

In the UK feudal society The emergence of the jury system is more like a system of judicial supervision established by the king and the ordinary people - two opposing classes for the common goal. But English scholar John Hudson In the UK Common law The book, "The Law and Society of England from the Norman Conquest to the Magna Carta Period", put forward another idea. He believed that previous scholars' studies had overemphasized the genius and creativity of Henry II and his close officials in the Anjou Reform, but in fact, Henry II and his ministers only combined their own ideas about the exercise of judicial power with a set of existing ideas that had long been rooted in social life customary law And the developing legal concepts, which have contributed to the formation and development of the common law, including The Jury System The emergence and development of. From the extension of John Hudson's thinking, we can draw the conclusion that the jury system originated from Anjou Dynasty The royal family's dependence on local power in the reform Anglo-Saxon It has existed since the time. Due to the lack of police system, convenient communication tools and social organization Form, etc Judicial efficiency It is quite low. When a case occurs, it is difficult to find out the case and catch the fugitive if you do not turn to the local people. Therefore, since the Anglo Saxon era, the judicial trial has always relied on local forces. Before the jury was created, the local landowners acted as the litigants who had been performing the function of adjudication in the court. Therefore, the characteristic that the royal family relies on local forces in the judicial aspect is not unique to Anru Dynasty Anglo Saxon From the era to Anjou Dynasty and then to other dynasties, the rule of the kings of England all reflected this feature. Henry II's reform only continued this feature, and replaced the function of the litigator with a jury. In modern times, the royal family (or the state) gradually strengthened its control over the country, but the tradition of jury has been retained. Local power has changed from a necessary supplement to the royal power to a restriction on the royal power. To sum up, the emergence of the jury system stems from the royal family's consistent dependence on local forces. The jury system is just a reform and upgrading version of the litigation system that has always existed before. This is Legal reform The embodiment of the continuity of the system. The view that the jury system was Henry II's masterstroke in balancing royal judges ignored legal system stay Time dimension The continuity of the above has overemphasized the genius creation of Henry II and his close officials, which is not scientific Historical view 。

The jury system was born in England, but the real development was in the United States. But this development process is more like a joke of history for the original purpose of the jury system, which Henry II never dreamed of. As we all know, the United States was a British colony in history, so the British judicial system was also transplanted to this new continent. In the 18th century, with North America The growing economic development and strength of the colony centrifugal force With the increasing oppression of Britain on the colonial people British royal family Between Conflict of Interest With the constant intensification, the grand jury, as the representative of the rights of local residents in the British mainland, has become a favorable tool for colonial residents to fight against the British royal family, especially in the United States Civil War Previously, the jury system played a huge role in resisting colonial rule and influence. It was precisely for this reason that after the independence of the United States in 1776, the people showed great respect for the grand jury system and wrote it into the Constitution of the United States Consisting of 10 amendments“ Bill of Rights ”。 It is a great irony that the system originally used to maintain feudal rule has become a sharp weapon for the colonial people who yearn for freedom to resist feudal autocracy. From it, we can clearly see that the actual function of a system is not necessarily consistent with its original purpose, and the role of the system is the same as where it is social environment It is closely related to cultural traditions. Therefore, the intention of establishing a system is not the most important, but the real key lies in the operation of the system after birth and the system actually obtained in the operation Sexual function 。

juror

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As members of the jury, their task is to identify the facts and explore the moral content of the defendant's heart（ moral intent）, This is not only the right of jurors, but also their primary duty to judge whether the law is fair and make the unjust oppressive Evil law Invalidate, making jurors the Greek Statue of Liberty fighting against the dictatorship and oppression of the government Palas If so, the symbol of "Palladium" will realize the purpose of the jury system - to be tried by a jury means to be tried by a citizen. In fact, this is an embarrassing situation. That is, jurors are created to resist the oppression of the government or evil laws, but in a sense, their rights or qualifications are actually given by the government or powerful judicial organs. This is not the embodiment of hypocritical democracy, but it is this kind of struggle that reflects human beings social development Of general rule ——The development of things and the progress of society are precisely caused by the two opposing forces within it One ebbs and the other grows , which happened under mutual fierce resistance and ambiguous compromise. Judges have the right to punish others. If a group can punish ordinary people who dare to violate their inner beliefs and principles value orientation To rise to the level of the whole society Rules of conduct And value Judgment criteria , then they have the power to control the whole society, so the power to punish others is the source of power (the power to push carries all other powers with it). Daning, a famous judge in modern England, said that the jury system is "the beacon of freedom and the wheel of the Constitution." So the selection and Trial rules What about it?

Qualifications

Jurors must have certain qualifications. This is Countries in the world especially the West General rules of. In the United Kingdom, under the provisions of the Jury Act 1974 Local elections The men and women who are registered as voters in China, aged from 18 to 65, have lived in the United Kingdom for more than 5 years since the age of 13, and have not been deprived of the right to trial due to crimes or cannot participate in the jury due to professional restrictions, can serve as jurors. The regulations of the federal courts and the state courts in the United States are different, but generally they are limited from the nationality, age, residence, communication ability, whether there is a serious crime record and the nature of the profession of the jurors. For example, the jurors are not at least 18 years old at the time of trial, do not live locally, do not know English, have hearing defects or have a criminal record, and are not eligible to serve as jurors. In addition, lawyers, judges, doctors, dentist Firefighters, teachers and government officials cannot act as jurors. One of the reasons for making such a provision is that a few professionals cannot be allowed to monopolize, while some citizens participate in judicial activities with ordinary people's feelings, common sense and judgment; The second reason is that once jurors are set, they are often mandatory, so for certain social professionals, such as firefighters and other special professional groups social responsibility They will also be excluded when they are more important than participating in the trial.

Strict rules

There are also strict rules for the selection of jurors. American criminal action According to the rules, jurors are generally from the voter registration list or Driving license holder Selected from the list, some from Phonebook Or on the tax return. The original list selected usually includes 80% of the regional population, sometimes even 90%. Usually, the clerk selects them by drawing lots at random. The list of initially selected jurors is generally 20, Major cases Up to 40-50 persons; The primary candidate will be notified by the court or summons , and is required to provide its basic information; Those who refuse jury duty will be punished.

Jury rule

The jury trial rules. The basis of the criminal procedure in the United States is the United States Constitution. If the jury system is raised to a constitutional principle, the jury system is raised to a constitutional principle Constitutional principles The provisions of the US Constitution are tireless:

The Fifth Amendment provides that "no matter who, according to the report of the grand jury or indictment , will not be tried for capital crimes or other felonies... ";

The sixth amendment: "In all criminal proceedings, the defendant has the right to criminal act A prompt and public trial shall be conducted by an impartial jury in the state and region where the trial took place... ";

The seventh amendment: "In a customary law lawsuit, if the value of the dispute exceeds twenty dollars, the right to trial by jury should be protected, united states No court may review it again unless in accordance with the rules of customary law. "

In the Federal Rules of Civil Procedure of the United States, Chapter 6, Article 38: "The right to request a jury trial", includes five paragraphs: rights protection, requirements, determination of issues, waiver, maritime and maritime claims.

Article 47: "Selection of jurors" includes three items: inquiry of jurors, compulsory withdrawal and exemption.

Article 48: Number of members of the jury - participation in adjudication.

Article 51: Instructions to the jury: Objection.

Institutional definition

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The jury system is that the state organs represented by Britain and the United States absorb a certain number of ordinary citizens to participate in criminal cases and civil case It is a system of trial, generally in the form of grand jury and petty jury. The grand jury is generally only used in criminal cases, and usually consists of 23 jurors (according to the United States federal rules of procedure, it can be less than 12, but not less than 6). Its main responsibility is to determine whether the criminal suspect is suspected of committing a crime and whether Institute a public prosecution 。 Therefore, the grand jury should review whether the defendant's criminal evidence proposed by the prosecutor is tenable, and this review is made in the absence of the defendant and other lawyers. After the review, it shall decide whether the evidence charged by the prosecutor is tenable or insufficient according to the principle of majority voting, thus deciding whether to prosecute the case. The small jury is generally composed of several jurors, including nine in France, eight in Britain and six to seven in the United States. It is responsible for hearing the trial, examining the evidence, conducting deliberation, and making a verdict on the facts of the case.

John Adams, the second president of the United States, once said that jurors should judge with their most appropriate understanding and inner conscience. This is not only their right, but also their obligation. Only when a jury composed of ordinary citizens who have been fully informed of their rights and obligations as jurors participates in the trial, The role of the government can be appropriately limited to Public servant Rather than the positioning of the people as masters. In fact, this is a manifestation of the common human desire for fairness and freedom. However, because of different cultural traditions and social backgrounds, the systems generated for the same purpose of human nature have different manifestations. Just like the story of The Tower of Babel in the Bible, according to Chapter 11 of Genesis, in ancient times, people all over the world spoke a language. In the process of moving eastward, people came to a plain called Shina, where the water and grass are luxuriant and the climate is pleasant, so they settled down. People work hard, and after hundreds of years, they will have enough food and clothing. In order to show people's strength and unity, they Planned repair A tall tower, the top of which should be towering into the sky, reaching the heaven. The tower will be built soon. This alarmed the LORD in heaven. He was jealous when he saw the tower rising higher and higher. He thought to himself: "Now people all over the world are a nation, all speak a language, they can work together, and any miracle can be created. How can God rule human beings?" So the Lord used his magic to drive people to all parts of the world, and people living in different places, when they gathered together again, ready to build the tower again, However, they found that their accents were different and they could not communicate with each other. The tower could not continue to be built, and it was not built in the end. This is the story about the "Tongtian Tower". The only language for communication when people are in different environment In the same pursuit, changes will occur Fairness and justice British and American jury system Continental law system It becomes the system of participation in trial.

Reason for adoption

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1. Historical roots and the United States Colonist In the revolution against England, the jury trial was endowed with great significance.

2. Embodiment of the people's will (legal awareness).

three The Jury System It is an effective restriction on the government's power to prevent the government from legal system in Abuse of power 。

4. The jury can reflect the demographic characteristics and sense of worth Read（ juror Of Representativeness ）。

5. Americans also trust the jury system because all people are equal in this system, and they will also accept the jury's judgment.

Chinese system

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There have been provisions on the origin of jury system in China's history Shen Jiaben Presided over the revision of the Criminal and Civil Procedure Law of the Qing Dynasty. The law stipulates: "Where a juror helps Courtyard It is the responsibility of enforcing the law impartially, making no compromise in criminal cases, and making justice in civil cases. "

1932 Central Executive Committee of the Chinese Soviet Republic The Provisional Organization and Judgement Regulations of the Ministry of Judgement promulgated specifically stipulates the jury system. New China was founded Later, the people's jury system as a basic justice Judicial system First in constitutional documents《 Common Program of the Chinese People's Political Consultative Conference 》It is stipulated in that "the people's courts shall try cases in accordance with Article 70 of the law Five provisions implement People's jurors System ". That is, according to legal procedures A judicial system in which the people's assessors who are appointed participate in the trial activities of the people's courts according to law and have the same rights as judges. Issued in the same year《 Organic law of the People's Republic of China on the People's Courts 》It is clearly stipulated that "the people's court shall carry out system of people's assessors Except for simple civil cases, minor criminal cases and cases otherwise provided for by law. "

operation mode

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Guarantee of jury system Civil liberties The political function of. On the one hand, the jury system shares justice through the people Judicial power , with Power restriction Power guarantees civil liberties. The fundamental feature of modern democratic politics is that all power belongs to the people. However, modern democracy is indirect democracy or representative system Democracy means that the people do not directly and regularly exercise their power, but elect their own representatives Direct management State and society public affairs 。 This means political power There is some separation between the subject of political power and the subject of political power. This separation may be out of control - political power is not based on power owner The overall will of the power executors, but the will and emotion of the power executors political alienation ——Political power changes in operation, and the exercise of power is not conducive to power owners or partial owners. The state is the executor of power. In order to prevent political power from getting out of control, it is necessary to establish various systems or mechanisms to restrict the executor of power and effectively protect the people's Freedom 。 bourgeois class The enlightenment thinkers put forward the idea of "restricting power by power", that is, within the power executor - the country, power is divided into legislative, administrative and judicial powers, and the three powers restrict each other. This is the restriction of power executors on power executors. This restriction system should play a role in preventing political alienation on the premise that all power executors can scrupulously perform their duties, which is obviously just an ideal. Among the three powers, jurisdiction It is considered to be the last barrier for a country and a society to ensure justice, and also a test of ordinary citizens' confidence in a country Ruler At the same time, whether a society can be stable thermometer 。 Therefore, compared with other government departments, the authority of justice has its inherent particularity, which is why we must ensure that fairness 。

jury

Once the power is out of control, the consequences are unimaginable. Bacon pointed out that "an unjust judicial judgment is worse than other unjust actions many times, because these unjust actions only pollute the water flow, and the unjust judgment corrupts the water source".

Therefore, the people cannot participate more directly in legislation executive power But people's direct participation in the exercise of judicial power is of special significance. The jury system is to The public The jurors represented participate in litigation activities, which means that the owner of power shares the judicial power with professional judges, and the people or some people directly participate in the exercise of power. The famous French political thinker Tocqueville commented: "The implementation of jury system We can put the people themselves, or at least some citizens, in the position of judges, which is actually putting the jury system and the power to lead society in the hands of the people or some citizens. "

The power owners directly exercise their power, and the power owners and the power executors are unified. Compared with other power executors, they are the least likely to abuse their power and corrupt. They share the judicial power, thus realizing the power restriction of one part of the judicial power on the other part of the professional judges within the judicial power, which is the power restriction power. So as to effectively prevent the arbitrariness and arbitrariness of the judiciary and ensure the freedom and democracy of citizens.

On the other hand, the United States believes that the protection of civil liberties by jury is not only realized by restricting power, but also by restricting power. After the jury system was introduced into the United States, it was further proposed by bourgeois enlightenment thinkers that everyone has the right to be tried by "people of his own kind"“ People's representatives The jury system is not only a weapon against royal power and power groups, but also one of the forms of democracy. As a civil legal organization and another civil legal organization, the lawyer professional group is the two pillars of democratic trial, which is to produce rights, justice and reasonable stability Social order The premise of.

Therefore, in 1776《 Declaration of Independence 》In a series of complaints against the King, he accused the King of depriving the colonists of the benefits of jury system in many cases.

Jury system acts as American Revolutionary War One of the important rights to strive for was written as the fruits of victory in the War of Independence 1787 Constitution of the United States The jury system became a constitutional right (1975 United States Supreme Court Judging a jury is not a constitutional right). Therefore, citizens can follow the constitutional Claims The jury trial excludes the arbitrariness of professional judges, so as to restrict the power of professional judges with rights and protect citizens' freedom and democracy. In Britain, however, jury trial is not explicitly granted to citizens as a right. On the contrary, it belongs to judges whether jury is used in other cases except for those cases that are explicitly stipulated by the law in 1933 Discretionary Power 。

So English judges Devlin Lord Praise said: "Trial by jury is not only a means to achieve justice,... it is also a beacon of eternal freedom."

Paine Praise said: "The jury in the highest position here is a republic, a group of judges elected from the people", and the jury system is the great and almost the only remaining bastion of human rights.

The jury system really makes the people become the ultimate judge, and only when the people become their own judges can people's democracy and freedom be ensured.

However, the jury system, because jurors are not professionals. Most of the time, for reasons other than emotion and race, they will disregard the evidence and make many unimaginable approvals. Because of the jury system, there are many shocking cases in the United States. The most famous ones are Simpson case 。 Because all the juries are black. Although the prosecution showed a lot of evidence, he was acquitted. Later Simpson In a robbery case, the jury was found guilty because most of them were white.

The idea of jury system is beautiful, but any system is just a tool. In practice, there will always be defects and deviations from the assumptions. Therefore, it cannot be placed in a sacred position because of its beautiful ideal. It is regarded as a valuable tool for human beings to handle internal affairs.

Judicial function

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American scholars believe that the negative effect of jury trial is that it may be the accommodation of some hidden social prejudice, so it may also bring prejudice to the judgment in a specific case. But the flaws do not hide the merits social justice The jury itself can be seen as an important Balancer That is to say, the jury's popular or folk character To enable the jury to pass witness evidence and their own the subconscious Sometimes, it is a conscious way to observe the world, and explain it from the perspective required by the police or the public.

Member requirements

The jury old English In the 17th, 18th and 19th centuries, English people were judged by people of the same class. If a person with a hereditary title was charged with a crime, he had the right to follow Upper House The jury composed of the selected people will try, otherwise, they will not be tried by the jury. However, the United States is considered a classless society, without hereditary titles and exclusive qualifications for jury members. So, if the jury in England had Class nature Since the independence of the United States, the American jury has had the character of transcending class. Modern American law juror Should be a U.S. citizen aged 21 to 70; The jurors shall be those who pay taxes of more than 250 dollars per year; It is also required to be able to read and write English; There are also some people who cannot serve as jurors. In the early days, women could not serve as jurors, but now women can also serve as jurors. Existing scholars in the United States advocate that the selection of jurors should not be affected by the conditions of wealth, economic status, nationality, etc.

Thus, the people's character of the jury is legally determined.

At the same time, in order to ensure the popularity of the jury, the jury summoning system has been established. The selection of jurors in the United States is called by the judge, specifically by the jury or the court clerk Responsible. Generally, jurors are selected in the jurisdiction of the court that accepts the case. Initially, jurors are selected from the telephone directory. This practice has been accused of unfairly selecting the jury list, which excludes those who cannot afford the telephone. Nowadays, voters' lists, telephone directory lists, car registration lists and other procedures are commonly used together for selection. The purpose is to enable the jury to transcend racial and economic prejudice, make the trial fair, and at the same time make more people have a chance to Participate in judicial democracy.

Number of people required

In terms of quantity, the people always represent the majority, and only the majority can represent the people. and Collegial panel The number of people is generally small, such as in China civil action The middle collegial panel is generally composed of three people, criminal action It usually consists of three, five or seven people, Judicial practice Most of them are three people, while the American jury is generally composed of 12 people, twice or even four times as many as the collegial panel of our country. The large number of juries makes them not easy to corrupt. As Kevin said, it is much more difficult to influence or even buy 12 people than it is to influence or even buy 1 person. The popularity of the number of people is the fundamental guarantee of the popularity of judges.

referee

The jury in the United States is responsible for Factual trial The majority consent system is adopted in the judgment, that is, the majority opinion of 12 jurors is taken as the verdict of the jury, which is more popular than the verdict of the judge. This is because the verdict of the jury is the verdict of a large number of people, and the jurors testify against the witness Credibility And reliability Comprehensive judgment The consensus is more stable than the judge's own judgment; Secondly, because the jury verdict comes from the ordinary people, the United States believes that to some extent, judges must be disconnected from the disorderly society, and often mistakenly believe that all people are logical like them, while jurors come from ordinary people, who often understand the confusion and fallacies of ordinary people. Therefore, the jury conducts a factual trial, and the judge conducts a trial Legal trial Judges and juries interact and communicate with each other, which is likely to achieve more sound results than judges working alone, thus making justice closer to social life and reflecting public opinion.

In order to ensure the popularity of the jury verdict, first, the jury was established Review system In order to eliminate as far as possible those who have obvious or perceived prejudice against a particular case, the United States adopts the inquisitorial doctrine, that is, from the swearing in of candidate jurors, the court will ask them their names, occupations, whether they have an interest in the case, whether they have special knowledge that may affect the judgment of the case, and whether they have prejudice against one party to the lawsuit, Whether they know the witness or any other reason why they cannot serve as jurors. The second is that the judge does not interfere with the jury's judgment, but tells the jurors how to vote, how to elect the jury chief to preside over the review, how to look at witnesses and analyze evidence, rather than expressing opinions on the evidence and announcing the laws and regulations they should apply. Even some states like California The Constitution allows judges to comment on evidence, but they never do so. The American system is very neutral. The task of judges is strictly limited to exercising the responsibility of umpires or arbitrators. They just tell the jury basic principle And encourage them to decide for themselves to apply these principles.

The third is the inefficiency of jury adjudication. The United States believes that the jury is an important balancer of social justice. Therefore, even if it takes time and money to use the jury, it is also the cost that must be paid to achieve social justice. Social justice is more important than time and money.

It is precisely because of the popular nature of jury trials, compared with the collegial panel system, that is, the trial is conducted by a court composed entirely of professional judges. The identity of its members is not ordinary people, but also the administrator of the society. They are people who are opposite to ordinary people. This kind of identity does not identify people with their trials. The jury is composed of ordinary people The public Identity Is the judgment of our own people, and there are many people. Therefore, the jury trial is stronger than the full professional judge trial in the public credibility Can promote the public's awareness of judicial process Confidence.

The jury system enables the people to become real judges, and only the people's trials can be trusted by the people.

Promote progress

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Method making function

The Function of Jury in Promoting Legislation

English The Jury System And France jury system As judicial system It has only judicial function, but in the United States, the jury system has the function of law making in addition to judicial function. Both the United Kingdom and the United States recognize that juries are easily moved by the rhetoric of the parties and sometimes make decisions that disregard the law. In response, British judges sometimes denied the verdict of the jury on the grounds that the jury's verdict was illegal and tried again. However, the United States believes that there are few cases where juries knowingly commit crimes, and there are more cases of subtle and involuntary disregard. Although some state laws in the United States stipulate that judges can make decisions that disregard the jury's decisions when the jury has not enough evidence to make such decisions, judges generally do not do so, but admit the jury's decisions and try to find reasonable explanations for such decisions, For example, in some cases, the jury ignored the victim's contributory negligence that should have prevented the plaintiff from obtaining relief, but only damaged Compensation amount Considering the plaintiff's fault, the so-called comparative loss principle was developed. This principle was later adopted by the courts. American scholars explained that, since the jury made a decision that disregarded the law, what should be investigated is whether the law needs to be modified, and what should be doubted is whether the law is fair. Juries are sometimes critical of formal law and indirect legal reformers.

This idea Singh It has been highlighted in the trial that the colonial jury made the verdict of John Peter Singer's innocence in disregard of the law. At this time, the idea of the first amendment to the Constitution came into being, mainly because the jury hoped that this would become their law. So juries do have amazing power to obey the law or surpass the law.

The jury system realizes that the people are the ultimate judges, not only the judges of cases, but also the judges of the law itself.

educational function

Promotion of jury system legal education Of educational function

There are many forms of legal education, which forms different legal systems Educational model One is the curriculum oriented education model, which includes legal education as a curriculum Teaching plan This model focuses on theory Systematic education , but with civil life The reality has a certain distance. The other mode is Life education The mode is to carry out legal education through various life practices. This kind of education is more vivid, more specific, more profound than curricular education, and closely related to social life, which is easier to Educated Accepted. Jury system is just a kind of life education.

Although the number of juries is only 12, they are selected from thousands of people, and the selection process itself is a process of legal education; In the process of trial, ordinary citizens are often influenced by the ideas, methods and language of the jurists to analyze problems; And ordinary citizens participate in trials and judgments, directly experience the relationship between law and life Legal thinking 。 Therefore, jury trials are unlikely to turn law into something mysterious and abstract that is disconnected from life.

It's about turning the law into real life. So jury trial is also the spirit of the rule of law Social penetration The important channel of legal consciousness , expanding the political effect and Social effects 。

Moreover, compared with the curriculum based legal education, participation in this judicial activity (jury trial) plays a more important role in cultivating people's law-abiding habits than any other activity. A great historian It was once described as "the most powerful force conducive to the peaceful development and progress of the country".

Scope of inapplicability

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The jury tries more serious criminal cases, ordinary criminal cases and civil case Generally, jury is not applicable. This is because the jury trial will consume a lot of manpower and material resources, and the procedure is complex and tedious, and the trial time is lengthy and tardy, which is not conducive to the rapid and timely settlement of disputes. At the same time, because the jury does not have legal expertise, it cannot be guaranteed that their determination of evidence and facts can meet the requirements and spirit of the law. therefore Anglo American law The issue of the existence or abolition of juries in China has always been a controversial topic. The future trend may be: Trial of cases The application conditions of Judicial resources Play a role where it is most needed.

When the government does not protect the jury well, it is easy for the jury to be bribed or threatened, which will affect the fairness and objectivity of judgment.

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