Research on the instruction system of criminal jury: On the perfection of the instructions of people's jurors in China's criminal proceedings


2019-07-09 08:42

LIU Meixiang, SUN Mingze
Journal of Chongqing University

Abstract:Criminal jury instruction is an important system in jury system countries.This system is very important in traditional jury system countries such as Britain and the United States.As an important part of the jury system, jury instruction is an indispensable part of the jury’s trial of criminal cases.Jury instructions mainly consist of oral instructions, written instructions, and the combination of the two.The time of instruction is generally before the jury’s review of the court, but in the course of the review, as to questions requiring further instructions, the jury may also require instructions.The contents of jury instructions are the most important part, including the general instructions of the judge to the jury, the instructions on law and the instructions on evidence.The jury’s misconduct is also a frequent occurrence of jury trials, and some countries have made distinctions as to whether the errors are harmful or not.The system of people’s jurors is a unique litigation system in China.However, there are still some problems in practice.As far as the instructions of people’s jurors are concerned, China can, in perfecting the system of people’s jurors, draw on the form of jury instructions from foreign countries to ensure the effective participation of the people’s jurors.

Keyword:jury instructions; content of instructions; improper instructions; innocent errors; people' jurors' instructions;

The Chinese version appeared in Journal of Chongqing University(Social Science Edition), 2019(02). 



2019-07-09 04:44
National Identity:Casting of the Chinese Nation Collective Consciousness