Abstract

    From the perspective of jury system, this study analyzed the impact of cultural value dimensions and self-orientation on different forms of jury system in America and China. Law is the symbol of regulation and rational thinking, and it also reflects the social life. When law is rooted in culture, it gets deeper meaning. In fact, legal views and cognitive tropism are also reflected in some plots related to the law in the films, which also reflect our life. Based on Hofstede’s cultural dimensions and self-orientation in Parsons’ pattern variables, the study also made the plots analysis of the movie Runaway Jury, comparing the different selection process of jurors and responsibilities of jurors in court, etc. By the means of a crossover study, the author probed into the relation between law and culture. The research showed that America and China have different cultural value dimensions and self-orientation, which indicated that these two countries tend to choose different forms of jury system.

Key Words: cultural dimensions; self-orientation; jury system

摘要

本研究以中美陪审制度为视角,考察文化价值尺度和模式变量中的自我取向对中美选择不同的陪审制度产生影响。法律是规范、理性思维的象征，是社会生活的反映。当法律根植于文化之中，法律才具有了更深刻意义。在同样反映生活的影视作品中，法律理念和认知取向融入于一些和法律相关的情节。作者通过跨文化领域中的霍夫斯塔德提出的文化尺度和帕森斯的模式变量中的自我取向为理论依据，结合了美国影片《失控陪审团》的情节进行分析，从情节反映的美国陪审团制度结合中国的人民陪审员制度，进而对中国的人民陪审员制度和美国的陪审团制度的表现形式，陪审员产生程序和职权等进行了对比。通过运用法律制度与文化的交叉研究法，进而探讨了法律和文化之间的联系。研究表明，中美不同的文化价值尺度和模式变量中的自我取向影响了中美两国陪审制度的模式选择。

关键词：文化尺度；自我取向；陪审制度

1. Introduction
With the increasing chances for cross-cultural communication, many traditional values of western countries begin to influence Chinese people. In the meantime, a considerate number of scholars in the fields concerned hammer at researches on intercultural communication. In their view, culture offers an approach for learning and socialization. Among those studies, cultural differences become the hot topic frequently focused.
1.1 Relation between films and culture
In point of fact, mass media show a significant role in cultural communication between countries. To some extent, films, as a form of mass media are comparatively popular in people’s daily life and subtly provide more chances for people to learn about foreign culture. In other words, the mass media serve to make people be aware of new information and to reinforce previously held opinion. Via the newspaper, magazine, Internet and other forms of media, people are gradually familiar with the words and behaviors of people from western countries in particular situations.