jury [?d?u?ri] n. 陪审团
The jury for the court to determine the facts of the bodies, found in common law countries. The judicial system is currently used in the jury system of the United States, Britain and Hong Kong.
The facts of the case is that the important work of the Court of First Instance, with the introduction of jury trial system, composed of ordinary people from the jury is usually used to identify the fact that purely objective. Determined by the results of the jury in the Anglo-American law known as the verdict, the fact that only the effects of the informal decision, the judge will determine, according to the light of the legal decision. If the jury finds that an unreasonable decision, contrary to the judge or the legal instructions given by the judge ex parte may rule out the possibility of claims and the different conclusions of the jury for the verdict (known as the Anglo-American Law on the JNOV)
Is generally believed that the United Kingdom is the birthplace of the modern jury system. But the British jury system is not a native, but came from Frank transplantation. After the Norman Conquest, the system was taken to the United Kingdom. 1166, Henry II issued the "Dahir Clarington," the jury system would be formalized. Dahir provisions, the occurrence of criminal cases, must be familiar with the situation by the 12 jurors to the court and prove the crime charged, and this is the so-called jury of the prosecution, that is, the grand jury. However, this by the same group of people charged with crime is also confirmed that the system of crime, the defendant very likely lead to a dangerous situation, so in 1352, Edward III ordered a ban on the prosecution of a jury trial, requested a separate jury of 12 entities trial, which is usually a small jury said. At this point, the United Kingdom there have been two jury: responsible for the prosecution of the grand jury to decide whether to file a complaint against the suspect; small jury trial to determine guilt or innocence of the accused. The size of the coexistence of the two juries in the United Kingdom for centuries, and thus constitute the British jury system, one of the important features.
The mid-19th century, the United Kingdom in civil proceedings and the phasing out of the jury, to 1993 under the new law with a civil case involving an honorary citizen. In addition, the adaptive control of crime and the need to improve judicial efficiency, the United Kingdom's modern police system and the prosecution system have been developed. In addition to the jury finally indicted - that is, the grand jury (formally abolished in 1948), and replaced by the Prosecutor system. And in 1948, the law permits a summary of the minor into Canada, which makes the scope of the trial reduced the jury.
British jury system the origin of the problem seems rather vague, the larger differences between the views of researchers, some trace their origin Anglo -撒克森period and a similar approach, and some enter the Cayman. We can indeed Anglo -撒克森King埃塞尔雷德(Ethelred) to find the law provides: "In each village of one hundred (wapentake) squire 12 and older long-eup (reeve) with holding a sacred oath, not to prosecute the innocent, those who do not conceal the evil. "[4] This is indeed very much like a jury later indicted Frank Church of the Kingdom of the courts will occasionally have a person's guilt or innocence of the question to 12 people groups composed of people ruling the practice of the Church in the United Kingdom had to borrow Frank Dunstan Church of the practice. Most researchers are inclined to think that in the strict sense is the jury after the Norman Conquest, William I of Normandy from Frank Monaco of the introduction, according to records, at least from the 8th century AD, the Frankish Emperor and King had to call on neighbors jury investigation Mission (Inquest or Inquisitio), let them answer the question of an official royal tour - mainly on the local customary rights recognized by the royal family and the issue of violation of the royal order. Historical data show that the neighbor at the time the jury investigations mainly used. At that time, often as a result of the royal family for the land occupied by the private sector, and the king to check the status of land tenure, and ordered officials to various parts of the royal family to explore the fact that the royal family in order to restore access to land evidence and the fact that the royal family used a neighbor-finding mission as a way of pushing asked. Later, asked the king to push this method (neighbor-finding mission) extend to the identity of the people Frank King Rent-finding mission this neighbor asking the way of pushing the beginning of independence for the privilege of the king, the king asked the way by virtue of such a push to effectively safeguard the and uphold the rights of the royal family, local封建主off can not be used. Thus, this investigation was the King of the jury in fact the face of many local separatist feudal forces used to assert the rights of the means of the royal family neighbors jury investigation is the only true witness to give evidence, rather than the jury in the modern sense. Later, from the north to the Norman Franks, who took over from such an approach is also used to investigate the jury neighbors. However, Norman has a very strong ability to trial the administration of the Mission to expand the use of it as a way of government administration in general to use, the central government sent to local officials of the royal family to the local investigation, may be convened to provide truthful sworn the situation. Whether administrative or judicial officials and officials can use this survey to obtain information about the jury information, such as production and other administrative officials to economic or other issues, judicial officials ordered the suspect to the crime or whether the allegations are made true views. Through such practices to strengthen the central government, Wang and management, shortly after the Normandy Monaco have established a system of central bodies. It can be said that this investigation is a matter of fact the jury Norman feudal state of the royal family to face the bureaucracy as a means of management is central to the local feudal forces of the Crown to exploit the power of an effective way, as the royal family by Frank the Connaught Cayman rulers will investigate the management of the jury as the general form of such an approach, in the Duke of Normandy, William I of England shortly after the conquest, it is to be introduced into England in 1086's "Doomsday Book" of the tax population survey . In the nationwide "diagnostic" investigation, extensive use of the royal officials of the twelve jury investigation must truthfully answer the questions raised by royal officials, or else be punished. Jury investigation of such neighbors can quickly and efficiently provided to the royal officials of the UN investigation is required the jury to be completed on schedule, William plans to investigate his inestimable play an important role. "Doomsday Book" affirmed after William conquered England, the possession of the land rights of the people of England the centralization of power has played a very important role. No exaggeration to say that this time the local people from 12 people convened to investigate the jury's power in the royal family in a difficult way to play the "pioneer" role embarrassment. And we can see that such an inquiry in the nature of the jury is still groups of witnesses. Of course, such as to account for earlier in the administration of the royal family in such a widely used group of witnesses, because the royal family by virtue of its administrative requirements to obtain a variety of information is so effective, efficient, therefore the royal family and the Chief the royal family by sending roving judges (justices in Eyre) convened at the local level to the jury that the investigation of the local officials questioned whether the royal family of misconduct in violation of local executive and judicial activities. The jury on the significance of the British royal family can be seen. Until the 14th century, as the representative of the local counties to participate in the emergence of parliament, making only