Author(s)

Tian Xie

Corresponding Author

Tian Xie

Abstract

As a typical transplantable civil litigation system in China, the civil jury system is virtually non-existent in the process of application, and there are such situations as "jury without trial" and "name without facts", which make it difficult for legislators to realize their original intention of functional value and instrumental value when they set up the jury system, together with the lack of procedural value of the system. In order to play a practical role as a judicial system. The author holds that, on the level of pure civil litigation mechanism, the jury system should be gradually weakened and eventually withdrawn from the historical stage, and judges or collegiate benches should exercise the judicial power of civil cases independently.

Keywords

Civil jury system, functional value, instrumental value, procedural value.