激活陪审选择权的进路：规制与救济－以申请陪审为视角

The jury system is composed of designated jury and application for jury, compared with the designated jury, application for jury can give full play to the function and role of the jury system. In the judicial practice, designated jury accounts for the vast majority of cases of applicable jury, however, the application for jury is basically in a blank, the main reason is still institutional deficient and the neglect of judicial practice. The logical structure of jury option should contain three-layer contents, the rights of choosing litigation procedure, applying for the rights of jury or not, the rights of choosing jurors.