Too Bad I Take Things Seriously
Chapter 770 - 275 Jury System!_4
「Abroad.」
Due to the presence of pre-trial conferences, the majority of civil cases end before entering the trial phase. According to statistics, civil lawsuits abroad account for less than 3%. Most of these are resolved by pre-trial conferences, sparing judges the trouble of adjudicating and delivering judgments. After all, judgments require consideration of the law’s fairness and its impact on society, whereas mediation only requires the presence of both parties’ defenders. Once the two parties reach a consensus, they can withdraw the lawsuit, with no need for further hearing. This process is fast and highly efficient. This is also why disputes and crime rates overseas are pitifully low. It’s not that their citizens are of higher moral quality, but that disputes are resolved in alternative ways.
In contrast, the domestic legal system adheres to statutory law. All disputes must be heard, and judgments rendered in accordance with legal statutes. Consequently, the number of cases each year is extremely high.
"Tripartite mediation?"
Zhang Qingyuan subconsciously swallowed upon hearing this. That means the court will organize both parties and their lawyers to offer solutions and conduct mediation. But I don’t even need to think about it; this do-nothing court certainly won’t offer any good solutions!
Qin Mu smiled. The plan will definitely favor the other party. At that point, we can simply reject the mediation. And if the plan is rejected, we’ll need to proceed to the formal trial phase.
"Can we attend as observers then?" Zhang Qingyuan looked at Qin Mu and suddenly asked.
This was his main concern. The twenty to thirty people in their tour group, having heard him recount his "past experiences" these days, all wanted to go to the court to broaden their horizons.
Qin Mu’s lips twitched. He said seriously, "If it’s a public trial conducted according to law, then you can attend as observers."
Their case, if no accidents occur, will likely be open to observation.
"And the jury?" the young man who had spoken earlier suddenly asked again. "If there’s a jury, then won’t there be no room in the spectators’ gallery?"
Although he wasn’t very knowledgeable about law, he was aware of some details. A jury seems to be a standard feature overseas, present at every trial. It appears to also fulfill an observation role.
"This case might not have a jury." Qin Mu looked at the man and said, "In fact, not every case has a jury."
A jury is usually composed of ordinary citizens drawn from the public, organized after a pre-trial conference fails. It’s up to both parties to decide whether to involve a jury. If they choose not to involve a jury, the judgment of the case will be entirely decided by the judge. If a jury is involved, the verdict will be decided by the jury, and the judge will decide upon the application of the law. During the jury selection process, both lawyers have veto rights, allowing them to vet each potential juror and decide if they join the jury.
In general, many cases have juries because a jury’s decision often aligns more with the parties involved. The jury considers human sentiment, while the judge upholds the solemnity of the law. Therefore, under this system, many compassionate judgments emerge, reflecting the beauty of humanity beyond the cold letter of the law.
However, even if a jury is involved, their decisions are not absolute. If their decisions severely contradict the law, the judge has the authority to overrule them and order a new jury to be convened for the case. This, to a certain degree, prevents the possibility of the jury being bribed by interested parties—unless, of course, they’ve also bribed the judge.
"It’s about time for today; everyone can disperse now."
Finally, Qin Mu dispersed the whispering elders, telling them to return to their rooms. Then he said to Zhang Qingyuan, "Tomorrow, we’ll go to the court to handle the notarization and authorization."
I’m not a local lawyer. To participate in this lawsuit and represent this case, the process is rather complicated. First, notarization and authorization, then submission of my domestic legal credentials.