The Improvement Of The People's Attending System In China

In China, the People's Attending System is an important judicial system, which has great significance on the execution of judicial democracy and the promotion of judicial justness. Though there is still the dispute on the existence and abolishment of jury system in some countries, but today, in which law's profession is widely promoted, the jury system is implemented in many countries in the world because of the value of democracy and justness. So, at present, we are facing how to improve the People's Attending System but not abolish it. Especially, The Act on Consummating of people's Juror was issued on August 18,2004 by Standing Committee of People's Congress Council and began to be implemented on May 1,2005, which has shown our determination to improve the People's Attending System further and has brought new vitality to it. But some problems have arisen in execution of the People's Attending System yet, because the rules of the Act are not explicit and detailed and the legislation and judicial system is not perfect.Taking the six elementary People's Court of Huainan city for instance and from the situation of the empanel, management, training, guarantee of the outlay of the six courts'assessors, we can see that the assessors take part in the activity of trail all along basically from the participation in cases cognizance, participation in court and deliberation and so on. The people have cognition to the People's Attending System to some extent. Certainly, some problems have arisen in the execution of the People's Attending System, such as the rules of law are lacking, the assessors accompany but don't review, the rules of management and training are inexplicit, the allowance and treatment is hard to carry out, the rules of tenure are unreasonable, the development is unbalanced, the mechanism of supervision and restriction is of shortage.We should consider solving the various problems which has arisen in the execution of the People's Attending System. We should prescribe the People's Attending System to the Constitution. We can add the rules while revising the constitution that the citizens have the rights and obligations of taking part in jury in the chapter of "the basic rights and obligations of the citizens" and the court implements the People's Attending System in trail according to law in the section of "the people's court and the office of the public prosecutor" of the chapter of nation organization. We should implement the special law of the People's Attending System. We can institute a comprehensive, scientific and united law on the constitutional foundation that named" the People's Assessors Law", which makes people's jury into standardization, procedure and legalization orbit. We should stipulate the rights and obligations in details further for ensuring the assessors have corresponding rights and responsibilities in carrying their jobs. We should make the range of cases applying jury clear.For solving the problems in practice, we should define the scope of selecting the assessors scientifically. At present, we can stipulate a range or different selection method of the assessors'qualification by the law, in which each region can choosing the suitable to their own according to their local economic, educated condition and can regulate the corresponding detailed rules. We should carry out the "random sample mechanism" according to different situation. On the condition of insisting judicial unity and obeying the premise of central or upper grade spirit,we can allow some regions to adopt concrete measure and implementation project which different from others, according to local actual circumstance. We can enhance the authority of collegiate assessor, perfect the method of training and management, including choosing suitable content of training, establish the scientific manage methods. In addition, we should implement the system of pursuing responsibility and establish the corresponding mechanism of supervision and restriction.Certainly, concern and support from the various communities and the good social atmosphere contribute to the people's Attending system more. We should put forth effort to construct good political environment, cultivate consciousness of jury of the public, perfect the guarantee mechanism of the people's assessors.