Jury
System Improved
The
National People's Congress Decision to Perfect the Jury System became
effective on 1 May 2005. Aiming to improve the jury system, the Decision
defines issues such as jurors' authority, their function, and how they
are selected and trained.
According to the Decision, in trial of a case, a juror shall have the
full capacity as a judge has, with the exception that a juror could
not be head of a panel.
Panels consisting of judges and jurors should be set up to try criminal,
civil and administrative cases having a significant social impact. Such
panels may be set up on request of a defendant in a criminal case. In
such a panel, jurors shall not be less than one-third. At trial, the
majority view shall prevail.
The Decision sets out the basic requirements for the qualification of
a juror. To be qualified as a juror, for example, he or she must have
attained the age of 23. Some professions, such as congressmen, professional
judges, police officers and lawyers are excluded from being selected
as jurors.
The improved jury system may be useful in trials of IP cases if people
with specialized or technical knowledge are appointed as jurors.
|