The Cultural Interpretation of the Jury System: on the New Jury System of China
Jin Li
Abstract
Jin Li
Abstract
After a list of twists and turns,the jury system began to be actualized again on May 1,2005 in China.The jury system,which originated in the West,is an important judicial system to realize the values of judicial democracy,restriction of power,and substantial and procedural judicial justice.These values have been established on the foundation of the Western judicial culture.In addition,though superficially the jury system deviates from the professional nature and principle of independence of judicature,it actually corresponds with these principles.The imperfect jury system in the history of our country and the hostile public opinion of the jury system have been rooted in the difference in judicial culture between the West and the East.Only by analyzing correctly the signs of the Western judicial culture could we avoid deviating from its original intention.
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After a list of twists and turns,the jury system began to be actualized again on May 1,2005 in China.The jury system,which originated in the West,is an important judicial system to realize the values of judicial democracy,restriction of power,and substantial and procedural judicial justice.These values have been established on the foundation of the Western judicial culture.In addition,though superficially the jury system deviates from the professional nature and principle of independence of judicature,it actually corresponds with these principles.The imperfect jury system in the history of our country and the hostile public opinion of the jury system have been rooted in the difference in judicial culture between the West and the East.Only by analyzing correctly the signs of the Western judicial culture could we avoid deviating from its original intention.
Key concepts: Jury, Hung jury, Law, China, Political science, Economic Justice, Interpretation (philosophy), Democracy