Criminal Assessor Reform Research

People's assessor system actually exists in name only in most areasin China. Its operation can't achieve its expected results, and assessorscan't function properly. How to resolve the problems of a People'sassessor system is our complex and tough work.The attitudes in relative domestic academic circles on thereformation of our People's assessor system are quite different fromeach other. Some scholars are the abolishment promoters, while someare the reservation promoters. Where is the People's assessor systemgoing to be? In the writer's opinion, the reformation of the system mustbe according to our own situation. From a historical and comparativeperspective, the writer finds out that the English pattern of jury systemwill not be succeeded in China and the mixed court of the continentallaw system is our definite choice.There are three parts in the thesis:In the first part of the thesis, the writer firstly defines someimportant words, such as jury, juror, mixed court, people's assessorsystem. Then the writer introduces the history of mixed jury system inFrance, German, Japan and China.In the second part, the writer points out that, in the continental lawsystem, there are three main patterns of mixed jury system, such asFrench pattern, Germany pattern and the new Japanese pattern. Thoughour people's assessor system belongs to the continental mixed jurysystem, there are so many differences between our system and the threepatterns. In this part, from a comparative perspective, the writer findsout some important characteristics of our system, which can help us tofind out the reasons why our system has so many problems.In the third part, the writer concludes three different opinions aboutthe reformation of our people's assessor system and stresses out that thepeople's assessor system should be reformed instead of being abolished.To learn from the advantages of the three patterns mixed jury system is our best choice. At last, the writer advances her own distinctiveproposition for the construction of Chinese jury system.