Jury itself was born in the soil of common law, and it is also one of the remarkable characteristics of common law. companion
With the beginning of the British century, foreign colonization and the extension of common law to colonial warships became common law.
In part, the transplantation of juries in common law countries and regions is generally uneventful, and of course it belongs to
Success, even in the United States, has surpassed its native land-Britain.
But specifically, due to the different social conditions in each colony, the jury was transplanted to the British colony.
To quote Zhao Yuhong. It can also be divided into three types.
First, before the arrival of the British colonists, the colonial society had not yet entered the civilized era and lacked self-construction.
In the established judicial system, jury, as an important part of common law proceedings, is directly introduced.
Land. Former British colonies such as the United States, New Zealand and Australia all belong to this category. In this type, colonies
The territory is vast, the indigenous population is relatively sparse and the level of social development is low. Therefore, the jury applied it.
In this process, except for some modifications adapted to local conditions, there was no great resistance.
Second, the colony was once occupied by other colonists, and a corresponding legal system was established. such
Regionally, the English system has been added on the basis of the original system. For example, in South Africa and Ceylon.
Now, before the arrival of the British colonists, Sri Lanka was occupied by the Dutch, who built it here.
A Roman-Dutch legal system was established. In these two countries, the British colonists were involved in lawsuits shortly after their arrival.
The preface introduces the jury. . Canada also belongs to this type to some extent.
Third, the original independent legal system of the colony has been well established and has been implemented for a long time.
Such as India and Kenya. In these areas, the colonists reserved the original system for the local people, while colonization
The judge himself applies the common law, and the jury is limited to the occasions where the common law is applied. However, in India,
The common law has gradually extended to non-Europeans, and the scope of application of the jury has also expanded accordingly. India
After independence, although jury trial has not been established nationwide, it is still applicable to many States. . "
As for jury execution, it can be divided into two types.
The first one is in the United States, Canada, Australia, New Zealand and other places, due to residence in the UK.
People's proportional advantage, the jury's execution is satisfactory. Of course, some interesting things have happened in these areas.
Experience, such as introducing the majority decision mechanism, or using a much smaller jury in civil cases.
For example, in New South Wales, since 1996, the jury in civil cases has only been composed of one person.
Second, in African colonies, jury transplantation can be said to be unsatisfactory. exist
The first West African colony, after introducing the jury trial system, failed to resist prejudice against Africans.
Inter-racial partiality and universal bribery were completely abandoned by colonists in civil litigation at the end of the century.
After the introduction of this system in criminal cases, the number of cases tried by jury should be reduced or replaced.
Participate in the trial system. This amazing experience made the United Kingdom in Malawi, Tanzania and other non-established countries.
European colonies no longer introduced juries. In South Africa, racial prejudice is very common, and the government has the right to punish some criminals.
In this case, a judge and two jurors with legal training, usually lawyers, organize the trial.