In China, in the last period of Qing destiny ,jury was accepted by Shen Jiaben ,but not came into force in 1906. In 1927, it also be made by Wuhan government , but didn’t come into practice either.After the People’s Republic of China was founded in 1949, some laws such as constitution , criminal procedure law have definitely wrote down jury system . However , there are still some differences between the jury system in UK and US mentioned above, exactly speaking , join in the process of trial, In the Criminal Procedure law of PRC , article 147 , “jurors have the equal power with justice when on duty .” Traditionally , scholars commented this system effectively , for example , can reflect democracy and do something benefit to the judicial supervision system in China, and so on. But the 1982 constitution has canceled the writing of jury system, so it is lack of the background of constitution. What is more, there are still some reasons to explain this question why it doesn’t work effectively . Firstly , laws currently enforced in China do not describe the range of cases definitely ,in other words , what kinds of criminal cases should be tried by jurors was not written in the law . So in practice , it results in court would decide what kind of cases should be tried randomly . In fact , justice most likely try cases themselves , so jury is just a system written on paper, in most condition , cannot be practiced in reality. Secondly , the standard of juror is too low . PRC’s citizens older than 23 years old having political rights can be jurors ,so in practice many people with little education ,for example , some workers with little knowledge of law will be selected as jurors. In fact jurors with little education would do harm to the cases. In some place , jurors are considered as officials , so some relatives of justice and governmental officials will be selected as jurors ,which will lead to corruption and unjustice. This also results in the third question , the procedure of jurors are in a mess . Jurors are elected by organs such as courts, government or people’s congress. What are the jurors’s rights and obligations are not ruled definitely. The last but may be not the less important thing is that in some courts ,jurors are considered as the deaf’s ears , as they are lack the special knowledge and experiences, what is more ,they are usually not interested in the criminal tried because it is not his matter, so he or she would agrees with the justice no matter what decision the judge has made. As the right of jurors is not written definitely , they have little right to try the cases , what they can do would be listen to the justice’s words and make decisions following the justice’s decision .So ,as the reasons mentioned above , jurors in China don’t show its particular value in practice. Since the condition currently , I think , it is better to abandon this system in China.
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