On The Improvement Of The People's Jury System

As a civilized system created by the human society in pursuit of judicial democracy, the assessor system possesses a long history and a potent life. The people's assessor system of our country is of vital significance in realizing judicial democracy and guaranteeing judicial justice, but restricted by many factors, the system has not been well developed for long. Since the issuing of The Decision of Improving the System of People's Assessor, things have been much improved, but it's far from finding the final solution. The paper is intended to improve the people's assessor system by means of establishing the people's assessor system scientifically and overcoming the shortcomings in the current people's assessor system. The paper is divided into four parts:Part one Reconstructing ways of impaneling people's assessors. The "high standard" in impaneling people's assessors can guarantee the quality of adjudication, but goes against the original intention of the assessor system. On the other hand, the "low standard" as against principle will obstruct the adjudication. Therefore, it's a key issue to be urgently solved how to determine on the composite qualities of people's assessors. It's necessary, probable as well as feasible to require people's assessors to possess the educational background at least from vocational school in accordance with the practical demand of adjudication, effects of promulgating the law for years, and the conversion of higher education from elite education to public education. Based on the above, the paper suggests that the one-track system in impaneling people's assessors be turned into the dual system, that is, the uniform impaneling of people's assessors will change into impaneling the ordinary people's assessors and expert assessors separately.Part two Choice of the pattern of the people's assessor system. The original pattern of the people's assessor system shall not be abandoned and we shall continue to follow the system of participation in adjudication. The only distinction from the current pattern is the transformation of participation in adjudication dominated by trial of law into that dominated by second instance trial of fact. Firstly, the reasons of choice. It's feasible for people's assessors to make judgment upon the facts according to the common sense in life and general reasoning. And in carrying out participation in adjudication dominated by second instance tr(?)a(?) of fact, people's assessors can base judgment upon the perspective and thinking of the ordinary people so as to stimulate the public to further understand the law and corporate more public opinion into the adjudication at court in accordance with the original intention in establishing the assessor system. Secondly, the design of the system. Depend upon the current system, and redesign the involved system with regard to second instance trial of fact step by step to guarantee that the people's assessor system can be efficiently put into practice.Part three The improvement in implementing the people's assessor system. Firstly, after the establishment of participation in adjudication dominated by second instance trial of fact, the range of cases applicable to be assessed shall be rechecked. Secondly, the ways of management in practical implementation shall be rearranged. Furthermore, focus on supporting the work of people's assessors, and guaranteeing the financial aid to the work of people's assessors to build a healthy safeguarding system for the people's assessor system. Finally, set up the training system in accordance with the characteristics of participation in adjudication dominated by second instance trial of fact.Part four Legislative safeguarding of people's assessor system. It's crucial to strengthen the legislative safeguarding of people's assessor system and enhance its legal status so as to implement the current people's assessor system and further improve the future people's assessor system, which can be conducted in two phases. The first phase is to resume the constitutional principle position of people's assessor system, and the second phase is to issue the separate regulation of People's Assessor Law at proper time.